Cyntrigal Inc.
END-USER LICENSE AGREEMENT FOR Cyntrigal Inc.
IMPORTANT-READ CAREFULLY: This Cyntrigal Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Cyntrigal Inc. CORPORATION for all Cyntrigal Inc. products identified on this site, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). 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, do not install, copy, or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
(a) Subject to the terms of this EULA, Cyntrigal Inc. grants to you a personal, nonexclusive license to make and use an unlimited number of copies of the SOFTWARE PRODUCT to be installed on an unlimited number of CPUs only residing on your premises, provided that (i) you have a valid Cyntrigal Inc. license and (ii) each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA.
(b) Redistributable Files. Portions of the SOFTWARE PRODUCT are designated as "Redistributable Files." The Redistributable Code consists of: (i) the portions of the SOFTWARE PRODUCT designated as Sample Scripts(ii) any custom scripts design with the SOFTWARE PRODUCT. Contact Cyntrigal Inc. for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributable Files outside the scope of this Section 1(b). You may copy and redistribute the Redistributable Files provided that (a) you use, and require that your end-user customers use, the Redistributable Files only on computers or workstations for which a valid Client Access License for Cyntrigal Inc. software has been obtained; (b) you distribute all or any part of the Redistributable Files only as part of or in conjunction with a Setup Program created by you; (c) your Setup Program, and any software programs installed by execution of your Setup Program, are distributed on an "AS-IS" basis; (d) you only permit further redistribution of the Redistributable Files by your end-user customers under the same restrictions imposed on you under the provisions of this Section 1(b); (e) you do not use Cyntrigal Inc.'s name, logo, or trademarks to market your Setup Program or any software programs installed by execution of your Setup Program; (f) you include a valid copyright notice with your Setup Program; and (g) you agree to indemnify, hold harmless, and defend Cyntrigal Inc. from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Setup Program and any software programs installed by execution of your Setup Program.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Support Services. Cyntrigal Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Cyntrigal Inc. policies and programs described in the user manual, in "online" documentation, and/or in other Cyntrigal Inc.-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and shall be subject to the terms and conditions of this EULA. With respect to technical information you provide to Cyntrigal Inc. as part of the Support Services, Cyntrigal Inc. may use such information for its business purposes, including for product support and development. Cyntrigal Inc. will not utilize such technical information in a form that personally identifies you.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the SOFTWARE PRODUCT to any third party without Cyntrigal Inc.'s prior written approval.
* Termination. Without prejudice to any other rights, Cyntrigal Inc. 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 SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Cyntrigal Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Cyntrigal Inc. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
5. CANADIAN AND U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in THE U.S. subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Cyntrigal Inc. Corporation/115 Main Street/Hamilton, Ontario, Canada.
6. EXPORT RESTRICTIONS. You acknowledge that the Software and Documentation licensed hereunder are subject to the export control laws and regulations of Canada and the U.S.A., and any amendments thereof. You confirm that with respect to the Software and Documentation, you will not export or re-export them, directly or indirectly, to any country that is subject to Canadian and U.S.A. export restrictions. You further acknowledge that the Software may include technical data subject to export and re-export restrictions imposed by Canadian and U.S.A. law.
MISCELLANEOUS
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorneys to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
If this product was acquired outside the Canada or the U.S.A., then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Cyntrigal Inc. for any reason, please contact the Cyntrigal Inc. subsidiary serving your country, or write: Cyntrigal Inc. - Sales Information/150 Main Street/Hamilton, Ontario, Canada.
LIMITED WARRANTY
NO WARRANTIES. Cyntrigal Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES. In no event shall Cyntrigal Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Cyntrigal Inc. product, even if Cyntrigal Inc. has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.