📄 license.htm
字号:
<CENTER>END-USER SOFTWARE LICENSE AGREEMENT</CENTER>
<P>IMPORTANT -- READ CAREFULLY: This is a legal agreement between you, the end
user, (either an individual or an entity), and AnsolSoft Solutions ("AnsolSoft Solutions") for the
software product identified below. This license ("License") contains rights and
restrictions associated with use of the accompanying software ("Software")
including, but not limited to, one or more of the following: source code, object
code, dynamic link libraries, static libraries, classes, byte code, header
files, utility programs, makefiles, images and scripts together with the
accompanying documentation and examples. Read the License carefully before
opening the sealed Software package, downloading, installing or using the
Software. By opening the sealed Software package, downloading, installing or
using the Software you agree to be bound by the terms and conditions of this
License. If you do not agree to the terms of this Agreement, do not open the
sealed Software package, do not download, install, copy or use the Software,
return the unopened Software package(s) and all other materials with proof of
payment to your place of purchase within thirty (30) days for a full refund.
<P>The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The Software
is licensed, not sold.
<P>1. Limited License Grant. Subject to payment of applicable license fees,
AnsolSoft Solutions grants to you ("Licensee") a non-exclusive, non-transferable limited
license to use the Software. Except for the foregoing, Licensee may not
re-distribute the Software in whole or in part, either separately or included
with a product. You may: use the Software on any single computer; use the
Software on a network, provided that each person accessing the Software through
the network must have a copy licensed to that person; or copy the Software for
archival purposes, provided any copy must contain all of the original Software's
proprietary notices. Additional copies of Software must be purchased directly
from AnsolSoft Solutions.
<P>2. Use Definition. The Software is "in use" on a computer when it is loaded
into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard
disk, CD-ROM, or other storage device) of that computer, except that a copy
installed on a network server for the sole purpose of distribution to other
computers is not "in use".
<P>3. Restrictions. The Software is confidential copyrighted information of
AnsolSoft Solutions and title, ownership rights, and intellectual property rights in the
Software and all rights to the Software are retained by AnsolSoft Solutions. The Software
is protected by the copyright laws and treaties. Title and related rights in the
content accessed through the Software is the property of the applicable content
owner and may be protected by applicable law. This License gives you no rights
to such content. You may not: permit other individuals to use the Software
except under the terms listed above; permit concurrent use of the Software;
modify, translate, reverse engineer, decompile, decrypt, extract, disassemble,
or create derivative works based on the Software; copy the Software other than
as specified in Section 1 of this License; sell, rent, lease, grant a security
interest in, or otherwise transfer rights to the Software; or alter or remove
any proprietary notices or labels on the Software. Software may not be leased,
assigned, or sublicensed, in whole or in part, except as specifically authorized
in Section 1. Licensee warrants that it will not use or redistribute the
Software for such purposes.
<P>Therefore you must treat the Software like any other copyrighted material and
not reproduce it except that you may either: (a) make one copy of the Software
solely for backup or archival purposes, or (b) transfer the Software to a single
hard disk provided you keep the original solely for backup or archival purposes.
You may not copy any printed materials accompanying the Software.
<P>4. High Risk Activities. The Software is not fault-tolerant and is not
designed, manufactured or intended for use in on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the design,
construction, operation or maintenance of any aircraft, air traffic, aircraft
navigation, aircraft communications, nuclear facilities, direct or indirect life
support machines, or weapons systems. AnsolSoft Solutions and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk Activities.
Licensee warrants that it will not use or redistribute the Software for such
purposes.
<P>5. Trademarks and Logos. This License does not authorize Licensee to use any
AnsolSoft Solutions name, trademark, or logo. Licensee acknowledges that AnsolSoft Solutions owns
the AnsolSoft Solutions logos and icons and agrees to: (i) not
do anything harmful to or inconsistent with AnsolSoft Solutions's rights in the AnsolSoft Solutions
Internet Server; and (ii) assist AnsolSoft Solutions in protecting those
rights, including assigning to AnsolSoft Solutions any rights acquired by Licensee in any
AnsolSoft Solutions Internet Server.
<P>6. Taxes. All charges and fees paid are exclusive of and do not include any
taxes, duties, or similar charges imposed by any government. Licensee agrees to
pay or reimburse AnsolSoft Solutions for all federal, state, dominion, provincial, or
local sales, use, personal property, excise, VAT or other taxes, fees, or duties
arising out of this Agreement or the transactions contemplated by the Agreement
(other than taxes on the net income of AnsolSoft Solutions).
<P>Licensee agrees that the amounts to be remitted to AnsolSoft Solutions are to be the
actual amounts due without withholding taxes or other assessments by authorities
anywhere in the foreign location. If any withholding tax is imposed under the
laws of a country or other taxing jurisdiction outside of the United States on
any amounts paid to AnsolSoft Solutions, such amounts will be increased by the amount of
the withholding tax. Licensee shall be solely responsible for and shall pay any
and all amounts required in the foreign location to be withheld, charged,
deducted, or assessed against such payment amounts, and will promptly furnish
AnsolSoft Solutions with certificates evidencing payment of such amounts.
<P>7. Cooperation and Operation. Licensee shall cooperate to the fullest extent
necessary to enable AnsolSoft Solutions or authorized Service Provider to replicate any
problems, determine that the problem resides with the Software, and certify that
the problem has been corrected. Licensee is responsible for selecting an
operator who is qualified to operate the Software on Licensee's own equipment
and is familiar with the information, calculations, and reports that serve as
input and output of the Software. AnsolSoft Solutions or authorized Service Provider
reserves the right to refuse assistance or to charge additional fees if an
operator seeks assistance with respect to such background information or any
other matters not directly relating to the operation of the Software. Licensee
is also responsible for ensuring a proper environment and proper utilities for
the computer system on which the Software will operate.
<P>8. Disclaimer of Warranty. AnsolSoft Solutions warrants that (a) the Software will
perform substantially in accordance with the accompanying written materials for
a period of ninety (90) days from the date of receipt, and (b) any Support
Services provided by AnsolSoft Solutions shall be substantially as described in applicable
written materials provided to you by AnsolSoft Solutions, and AnsolSoft Solutions support engineers
will make commercially reasonable efforts to solve any problem issues. Some
states and jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you. To the extent allowed by
applicable law, implied warranties on the Software, if any, are limited to
ninety (90) days.
<P>EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR
DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU AND NOT AnsolSoft Solutions ASSUME THE ENTIRE COST OF ANY SERVICE AND
REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.
<P>9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL AnsolSoft Solutions OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING
SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL AnsolSoft Solutions OR ITS SUPPLIERS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT,
CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE
SOFTWARE, EVEN IF AnsolSoft Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT ARE BY JURISDICTION.
<P>In no event will AnsolSoft Solutions's liability to Licensee, whether in contract, tort
(including negligence), or otherwise exceed the total price paid for the
software or the annual Service Fee paid to AnsolSoft Solutions by Licensee for the twelve
(12) months preceding the event giving rise to the claim. No action, whether in
contract or tort including but not limited to negligence, arising out of or in
connection with this Agreement may be brought by either party more than eighteen
(18) months after the cause of action has accrued.
<P>10. Customer Remedies. AnsolSoft Solutions's and its suppliers' entire liability and
your exclusive remedy shall be, at AnsolSoft Solutions's option, either (a) return of the
price paid, if any, or (b) repair or replacement of the Software that does not
meet AnsolSoft Solutions's Limited Warranty. All Software returns and replacements must
include a copy of the original receipt. This Limited Warranty is void if failure
of the Software has resulted from accident, abuse, or misapplication. Any
replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
<P>11. Termination. Licensee may terminate this License at any time by
destroying all copies of Software. This License will terminate immediately
without notice from AnsolSoft Solutions if Licensee fails to comply with any provision of
this License. Upon such termination, Licensee must destroy all copies of
Software.
<P>12. Export Regulations. Software, including technical data, is subject to
U.S. export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations in
other countries. Licensee agrees to comply strictly with all such regulations
and acknowledges that it has the responsibility to obtain licenses to export,
re-export, or import Software. Software may not be downloaded, or otherwise
exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq,
Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nations or the U.S. Commerce Department's Table of Denial
Orders.
<P>13. Restricted Rights. Use, duplication or disclosure by the United States
government is subject to the restrictions as set forth in the Rights in
Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii)
and FAR 52.227-19(c) (2) as applicable.
<P>14. Governing Law. Any action related to this License will be governed by Wisconsin
law and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
<P>15. Severability. IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION
OF APPLICABLE LAW, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH
PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE
LICENSE TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN
AnsolSoft Solutions'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE LICENSE BY
OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASE THE
LIABILITIES OF AnsolSoft Solutions, AnsolSoft Solutions AUTOMATICALLY TERMINATES THE LICENSE WITHOUT
ANY REMEDY TO THE LICENSEE. UPON SUCH TERMINATION, LICENSEE MUST DESTROY ALL
COPIES OF THE SOFTWARE.
<P>16. Breach of Agreement. It is understood and agreed that, notwithstanding
any other provision of this Agreement, Licensee's breach of any of the
provisions of this Agreement will cause AnsolSoft Solutions irreparable damage for which
recovery of money damages would be inadequate, and that AnsolSoft Solutions will therefore
be entitled to seek timely injunctive relief to protect AnsolSoft Solutions's rights under
this Agreement in addition to any and all remedies available at law.
<P>17. Miscellaneous. This Agreement is the parties' entire agreement relating
to its subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, conditions, representations and warranties
and prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to its
subject matter during the term of this Agreement. No modification to this
Agreement will be binding, unless in writing and signed by an authorized
representative of each party.
<P>18. Should you have any questions concerning this Agreement, or if you desire
to contact AnsolSoft Solutions for any reason, please write: AnsolSoft Solutions, 5536 Washington Road #203,
Kenosha, WI, 53144 or e-mail: <A
href="mailto:info@ansolsoft.com">info@AnsolSoft.com</A>. </P><CENTER>END-USER SOFTWARE LICENSE AGREEMENT</CENTER>
⌨️ 快捷键说明
复制代码
Ctrl + C
搜索代码
Ctrl + F
全屏模式
F11
切换主题
Ctrl + Shift + D
显示快捷键
?
增大字号
Ctrl + =
减小字号
Ctrl + -