SOFTWARE PRODUCT LICENSE AGREEMENT
Copyright 2013© PC HelpSoft Inc. All Rights Reserved
This End User License Agreement (“EULA”) is a legal agreement between YOU as Licensee and PC HelpSoft for the SOFTWARE PRODUCT identified above. By installing, copying, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to the place of purchase for a full refund.
The copyright in the SOFTWARE PRODUCT and its documentation is owned by PC HelpSoft. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.
Your use of this software indicates your acceptance of this EULA and warranty.
In this End User License Agreement, unless the contrary intention appears,
“EULA” means this End User License Agreement
“PC HELPSOFT” means PC HelpSoft Inc..
“Licensee” means YOU, or the organization (if any) on whose behalf YOU are taking the EULA.
“Registered Version” means the version of the SOFTWARE PRODUCT which is available for purchase from the web site: (http://www.pchelpsoft.com/). following the free evaluation scan.
“SOFTWARE PRODUCT” or “SOFTWARE” means PC HELPSOFT, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
“Support Services” means email based support provided by PC HELPSOFT, including advice on usage, investigation of bugs, fixes, repairs of models if and when appropriate and general product support.
“PC HELPSOFT support engineers” means employees of PC HELPSOFT who provide on-line support services.
“Trial Version” means the version of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes.
In accordance with the terms of this EULA YOU are granted the following rights:
Subject to the terms of this agreement, YOU are hereby licensed to use specific scan features of this software for evaluation purposes without charge.
If you choose to use this software beyond the evaluation functionality a license must be purchased (as described at http://www.pchelpsoft.com/). Upon payment of the license fee, YOU will be sent details on how to activate the registered version and will be provided with a suitable software key by email and on a post-purchase confirmation page.
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
YOU further undertake not to reproduce or distribute license key-codes except under the express and written permission of PC HELPSOFT.
If the Software Product purchased is an Academic License, YOU ACKNOWLEDGE THAT the license is limited to use in an educational context, either for self-education or use in a registered teaching institution. The Academic License may not be used to produce commercial software products or be used in a commercial environment, without the express written permission of PC HELPSOFT.
Without prejudice to any other rights, PC HELPSOFT may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise return or dispose of such material in the manner directed by PC HELPSOFT.
PC HELPSOFT warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and any Support Services provided by PC HELPSOFT shall be substantially as described in applicable written materials provided to YOU by PC HELPSOFT, and PC HELPSOFT support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.
To the maximum extent permitted by law, PC HELPSOFT excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims , expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, profits and data) arising out of:
The SOFTWARE PRODUCT and any documentation are provided “AS IS” and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of PC HELPSOFT for any breach of such term shall if permitted by legislation be limited, at PC HELPSOFT’S option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt:
If the breach relates to the SOFTWARE PRODUCT:
If the breach relates to services in relation to the SOFTWARE PRODUCT:
All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. Windows, Windows XP, Windows Vista and Windows 7 are trademarks of Microsoft.
This agreement shall be construed in accordance with the laws of Canada.