OBJECTALITY LICENSE AGREEMENT
R&F Consulting, Inc. ("Author") has developed and licenses to users its software program marketed under the name Objectality (the "Software"). This Software License Agreement ("Agreement") is made and effective by and between R&F Consulting, Inc. and you, the user of Software ("Licensee", "You", "Your"). This Agreement is a legal agreement between the Licensee and Author of the Software, which includes the Software and may include additional components like media, documentation, and "online" knowledge databases. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. In addition, by installing, copying, or otherwise using upgrades or "service releases" to the Software ("Upgrades"), you agree to be bound by this Agreement and any and all additional license terms that accompany such Upgrades. If you do not agree to the additional license terms that accompany Upgrades, you may not install, copy, or use such Upgrades.
1. GENERAL APPLICABILITY OF LICENSE.
The Software may consist, but is not limited to, Software documentation, sample applications, books, add-ons, plug-ins, utilities, technical information, development libraries, or database language applications, each being a "Part," and collectively "Parts", of the Software. This Agreement defines your rights to the Parts you received.
2. GENERAL GRANT OF LICENSE.
In general, for each license you have acquired for the Software, one individual is authorized to use the Software according to the terms of this Agreement. Moreover, the following license limitations apply:
a. If you are an individual, Author grants to you a personal, nonexclusive license to make and use copies of the Software in accordance with the terms of this Agreement, provided that you are the only individual using the Software.
b. If you are an entity, grants to you the right to designate one individual within your organization to have the sole right to make and use copies of the Software in accordance with the terms of this Agreement.
c. If you are an entity and have acquired this Agreement as part of Author's multi-user licensing, Author grants to you the right to designate one individual per license within your organization to have the right under each such license to make and use copies of the Software in accordance with the terms of this Agreement. This Agreement explicitly prohibits the interpretation of multi-user licensing as per-computer ("Seat") licensing, and transfer of any or all licenses from individuals or entities to Seats without prior consent of the Author.
3. LICENSE TYPES.
a. If you are an individual whose all income-generating operations do not involve the Software, the Author grants you the right to purchase and use "personal licenses" at license-type specific license fees. This Agreement explicitly prohibits transfers of personal licenses to non-qualifying individuals or entities.
b. If you are a non-private entity (including, but not limited to, a corporation, a limited-liability company, a partnership) or an individual whose income-generating operations involve the Software, the Author grants you the right and informs you of an obligation to purchase and use "commercial licenses" at license-type specific license fees.
4. ADDITIONAL RIGHTS AND LIMITATIONS.
a. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits it.
b. In the event a claim arises with respect to the Software, Author may request, upon thirty (30) days notice that you discontinue further use of the Software and that you delete or destroy all copies of the Software you possess (except for one copy that may be kept in your archives). You agree that you will comply with such a request.
c. You agree that Author may collect and use technical information you provide as part of support services related to the Software.
d. The Software may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation, without a written consent of the Author.
e. You may permanently transfer all of your rights under this Agreement, provided you retain no copies and transfer all of the Software (including all Upgrades and this Agreement), and provide Author notice of your name, company, and address, and the name, company, and address of the person to whom you are transferring the rights, and provided the recipient agrees to the terms of this Agreement. If the Software is an upgrade, the transfer must include all prior versions of the Software.
f. The Software is licensed as one, single Software. Its Parts may not be separated for use by more than one user.
g. Portions of the Software may be identified as pre release ("Beta Releases") or candidates for release ("Release Candidates"). Such Beta Releases or Release Candidates are not at the level of performance and compatibility of the final, generally available Software offering. The Beta Releases or Release Candidates may not operate correctly and may be substantially modified prior to the final release. Author is not obligated to make this or any later version of the Beta Releases or Release Candidates commercially available. The grant of license to use Beta Releases or Release Candidates expires upon availability of a final release of the Beta Releases or Release Candidates from Author. Do not install Beta Releases or Release Candidates if you are not accustomed to using experimental software. Beta Releases or Release Candidates are made available to you to allow you to evaluate the Software in its developmental stage.
h. All Upgrades shall be considered part of the Software and subject to the terms and conditions of this Agreement. Additional license terms may accompany Upgrades. By installing, copying, or otherwise using any Upgrades, you agree to be bound by the terms accompanying each such Upgrades. If you do not agree to the additional license terms accompanying such Upgrades, do not install, copy, or otherwise use such Upgrades.
5. LIMITED WARRANTY.
Author warrants that the Software will perform substantially in accordance with the accompanying materials for a period of 30 days from the date of receipt. If an implied warranty or condition is created by your state or jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states or jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or Upgrades to the Software, including without limitation, any service releases or fixes provided to you after the expiration of the thirty-day Limited Warranty period are not covered by any warranty or condition, expressed, implied, or statutory.
6. LIMITATIONS ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth. Except for any monetary refund elected by Author, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Author's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 9 below ("EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES") are also incorporated into this Limited Warranty. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. EXCLUSIVE REMEDY.
Author's entire liability and your exclusive remedy shall be, at Author's option from time to time exercised subject to applicable law, (a) return of the price paid for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Author with a copy of your receipt. You will receive the remedy elected by Author without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
8. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only expressed warranty made to you and is provided in lieu of any other express warranties created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Author provides the Software AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide any additional services, like support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Author be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Agreement, even in the event of the fault (including negligence), strict liability, breach of contract, or breach of warranty of Author, and even if Author has been advised of the possibility of such damages.
10. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever, the entire liability of Author under this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Software or USD 10.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. U.S. GOVERNMENT LICENSE RIGHTS.
All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
12. APPLICABLE LAW.
This Agreement is governed by the laws of the State of Nevada, and you consent to this choice of jurisdiction regardless of the place of purchase of the Software, or means of purchase of the Software (electronic commerce over the Internet, etc.)
13. PREVAILING AGREEMENT.
This Agreement is the entire agreement between you, the Licensee, and Author relating to the Software and any and all services. This Agreement supersedes all prior oral or written communications and proposals with respect to the Software, or any other subject matter covered by this Agreement. To the extent the terms of any of the Author's policies, services, presentations, or offerings conflict with the terms of this Agreement, the terms of this Agreement shall prevail and control.
a. The Software is copyrighted and licensed, not sold.
b. The Software is protected by copyright and other intellectual property laws and treaties. Author owns the copyright and other intellectual property rights in the Software.
c. Implied licenses are negated.
d. You may copy the Software for backup purposes only, and you are limited to one (1) such backup copy.
e. Free Internet e-mail support is offered, but not guaranteed with the Software. The extent and duration of Author's efforts to support the Software will be solemnly determined on per-case basis by the Author, and is subject to change or termination at any time.
f. Agreement does not grant you or your licensees the right to use "Objectality" name.