CANCAPTURE LICENSE AGREEMENT

 

IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and EControls, Inc. ("ECI") for the CANCapture software product, ECOM Hardware Device and any included components or materials ("PRODUCT"). BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE PRODUCT.

 

PRODUCT LICENSE

 

The PRODUCT is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold.

 

1. GRANT OF LICENSE. This EULA grants you the following rights:

a. Per User License. The PRODUCT permits a single user to use the PRODUCT under the terms of the license. The PRODUCT may only be used on computers owned by a single user, a customer must purchase additional licenses for each user that accesses the PRODUCT. Further, if the PRODUCT is installed or accessed through a network, the customer must purchase additional licenses for each user that accesses the PRODUCT through the network.

b. Use of Generated Output. You may distribute the output of the PRODUCT in any way.

 

2. COPIES. You may make copies of the PRODUCT provided that any such copy is created as an essential step in the utilization of the PRODUCT as licensed under this EULA. All trademark, copyright and proprietary rights notices must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.

 

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b. Redistribution. The PRODUCT may not be redistributed in any way without prior written permission from ECI.

c. Output File Distribution. You may distribute files created by the PRODUCT in any way that you like. You may not charge money for the files.

d. No Rental. You may not rent, lease, lend or provide commercial hosting services to third parties with the PRODUCT.

e. System developers may incorporate the PRODUCT into their final product for sale to their end customers providing that ECI is informed of the system end user to update EULA records. All sections and subsections of this agreement apply to the system end user.

f. Termination. Without prejudice to any other rights, ECI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRODUCT and all of its component parts.

 

4. ADDITIONAL SOFTWARE/SERVICES.

a. Supplements. This EULA applies to additional software and updates of the PRODUCT, including without limitation supplements, resource, service packages, hot fixes, or add-on components (collectively "Supplements") that ECI may provide to you or make available to you after the date you obtain your initial copy of the PRODUCT, unless other terms are provided along with such Supplements.

 

5. COPYRIGHT. All title and copyrights in and to the PRODUCT (including but not limited to any text, example resources, and SAMPLE CODE incorporated into the PRODUCT) and any copies of the PRODUCT are owned by ECI. The PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the PRODUCT like any other copyrighted material except that you may install the PRODUCT.

6. EXPORT RESTRICTIONS. You acknowledge that the PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

 

7. DISCLAIMER OF WARRANTY

 

To the maximum extent permitted by applicable law, ECI provides the PRODUCT and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, 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 PRODUCT, and the provision of or failure to provide support or other services, information, software, and related content through the PRODUCT or otherwise arising out of the use of the PRODUCT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

 

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF ECI, AND EVEN IF ECI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

9. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ECI UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. 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. APPLICABLE LAW. This EULA is governed by the laws of the State of Texas.

 

12. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the PRODUCT) is the entire agreement between you and ECI relating to the PRODUCT and support services (if any), and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any ECI policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.