Software License Agreement
LICENSE AND PROTECTION
License Grant. Belding Computing grants to You, subject to the following terms and conditions, a nonexclusive, nontransferable right to use the EngTrend Software on one or more computers. Belding Computing reserves all rights not expressly granted to You.
- Protection of Software. You agree to take all reasonable steps to protect the EngTrend Software and Documentation from unauthorized copy or use. The EngTrend Software source code represents and embodies trade secrets of Belding Computing and / or its licensors. The source code and embodied trade secrets are not licensed to You and any modification, addition, or deletion is strictly prohibited. You agree not to disassemble, decompile, or otherwise reverse engineer the EngTrend Software in order to discover the source code and / or the trade secrets contained in the source code or for any other reason. You shall not take any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the EngTrend Software. Belding Computing may charge You a reasonable fee for the provision of such information.
- Copies. You may make multiple copies of the EngTrend Software for your own use provided You do not violate the License Grant in paragraph 1, and you do not receive any payment, commercial benefit, or other consideration for reproduction or use. You may copy the EngTrend documentation only for your staff members, backup and training purposes. All proprietary rights notices must be faithfully reproduced and included on all copies.
- Ownership. Ownership of, and title to, the EngTrend Software and Documentation (including any adaptations or copies) remains with Belding Computing and / or its licensors.
- Restrictions. You agree not to rent, lease, sublicense, modify or time share the EngTrend Software or Documentation.
- Termination. This Agreement shall automatically terminate if You breach any of the terms or conditions of this Agreement. You agree to destroy the original and all copies of the EngTrend Software and Documentation, or to return them to Belding Computing, upon Termination of this License.
LIMITED WARRANTY AND LIMITED LIABILITY
- Compatibility. The EngTrend Software is only compatible with certain computers and operating systems. THE SOFTWARE IS NOT WARRANTED FOR NONCOMPATIBLE SYSTEMS.
- Software. Belding Computing warrants that if the EngTrend Software fails to substantially conform to the specifications in the Documentation and if the EngTrend Software is returned to the place from which it was purchased within one (1) year from the date purchased, then Belding Computing will replace the EngTrend Software or correct and replace the software.
- DISCLAIMER OF WARRANTIES. Belding Computing makes NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. BELDING COMPUTING DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BELDING COMPUTING DOES NOT WARRANT THAT THE ENGTREND SOFTWARE OR DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE ENGTREND SOFTWARE OR DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some states or countries do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to You. This warranty gives You specific legal rights that vary from state to state.
- EXCLUSIVE REMEDY. EXCEPT FOR BODILY INJURY CAUSED BY BELDING COMPUTING'S NEGLIGENCE, BELDING COMPUTING'S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE ENGTREND SOFTWARE OR DOCUMENTATION AND YOUR EXCLUSIVE REMEDY IS LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED NZD$1,000. BELDING COMPUTING SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF BELDING COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BELDING COMPUTING IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE ENGTREND SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY OTHER THAN YOU. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.