» version 1.0 - posted on 2006-03-09
EULA - End User License Agreement
Revised March 03, 2006. Version 1.0
End User License Agreement
IMPORTANT: READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Luis Enrique Ramírez Figueroa ("LERF") for the materials accompanying this EULA, which may include computer software, associated media, printed materials, and "on line" or electronic documentation ("Software") and source files, resource files, project and solution files ("Source Code") for Software, collectively "The Product". BY DOWNLOADING, 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, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE PRODUCT.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. LERF or its suppliers own the title, copyright and other intellectual property rights in The Product. The Product is licensed, not sold.
1. GRANT OF LICENSE. LERF grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
a. General Software License Grant. LERF grants the use of The Product according to one of the license types below.
i. Web Site License. This license grants you the right to install The Product for use on a single (1) web site for the address specified when your key was registered. In addition, you may use The Product for testing and development purposes. The Product is licensed per site.
ii. Server License. This license grants you the right to install The Product for use on a single (1) server for the address specified when your key was registered. In addition, you may use The Product for testing and development purposes. The Product is licensed per server. If you hold a server license you are entitled to install the license key on a single server for use with multiple web sites.
iii. Enterprise License. This license grants you the right to install The Product for use on multiple servers within the same company, organization or enterprise. In addition, you may use The Product for testing and development purposes.
b. Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed beyond your premises.
i. You are granted a royalty-free license to redistribute in binary form any components of The Product explicitly marked as redistributable provided that you provide all technical support for the distribution, you do not allow recipients to disassemble, decompile, or in any other way allowing them to gain separate access to The Product or any part of The Product,
ii. Redistributions in binary form must reproduce the above copyright notice in the documentation and/or other materials provided with The Product,
iii. LERF is not obligated to provide support for works derived from The Product.
d. Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of The Software.
e. Reservation of Rights. LERF reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Rental. You may not rent, lease, lend, or provide commercial hosting services to third parties with The Product without express written permission from LERF.
b. Termination. Without prejudice to any other rights, LERF 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, including but not limited to the Source Code, backups and all of its component parts and derived works.
c. Consideration. For the rights and license granted in this EULA you will pay LERF the currently published price available at http://www.mixba.com or another mutually agreed upon amount to appear on a valid invoice.
d. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(b).
e. Consent to Use of Data. You agree that LERF may collect and use technical information, excluding any Confidential Information, gathered as part of the product support services provided to you, if any, related to the software. LERF may use this information solely to improve our products or to provide customized services or technologies to you. LERF may disclose this information, excluding any information explicitly declared as Confidential Information, to others but not in a form that personally identifies you.
f. Derived Works. You agree that you will not use The Product to develop derived works that offer similar functionality as The Product, expose the features of The Product for use by an unlicensed third party.
g. You may not transfer your rights under this license agreement. A license may not be used for any URL other than that specified at the time of registration, licenses can not be transferred to different domains. A single BuilderEditor license may not be used in an ASP environment to service multiple sites aggregated within one domain, each site must have its own unique license or a server license must be purchased.
3. SOFTWARE MAINTENANCE/UPDATES.
4. UPGRADES. If this copy of the Product is an upgrade from an earlier version of the Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to The Product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into The Product and any copies of The Product that you are expressly permitted to make herein) are owned by LERF or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of The Product are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
6. NONDISCLOSE AND NONCOMPETITION. Both parties recognize that the other party may obtain proprietary and/or confidential information (Confidential Information) in the course of the business relationship defined herein. Each party therefore agrees that it will not disclose the Confidential Information of the other party to any third party (i) except as provided for in this EULA or as necessary to pursue and implement the business relationships defined herein; (ii) to its responsible employees and professional advisors with a bona fide need to know and whom are bound by agreement or law to keep such information confidential; (iii) as authorized by the other party in writing or (iv) to the extent required by applicable law, court, or government agency, provided that the receiving party promptly notifies the disclosing party thereof and cooperates with any efforts by the disclosing party, at the disclosing partys expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment.
7. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of The Product. The third party sites are not under the control of LERF, and LERF is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. LERF is not responsible for web casting or any other form of transmission received from any third party sites. LERF is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by LERF of the third party site.
8. DISCLAIMER OF WARRANTY.
a. NO OTHER WARRANTIES. THIS SOFTWARE IS LICENSED TO THE RECIPIENT "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.
b. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
c. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LERF, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
d. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY.
a. You use this program solely at your own risk.
b. IN NO EVENT SHALL LERF OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF LERF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LERF BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
10. INDEMNITY. You agree to hold LERF harmless against, and at your expense handle and defend, any claim and defend any suit brought against you based upon an allegation that the use of The Product furnished pursuant to this EULA constitutes an infringement of any United States patent, or any copyright or other proprietary or intellectual property right. You shall pay all damages and costs awarded in such suit.
11. NO WAIVER. No action taken by either party pursuant to this EULA, and no waiver by either party, whether express or implied, of any provision or right in this EULA or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this EULA, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar.
12. SEVERABILITY. If any covenant or provision of the EULA is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this EULA and shall not effect or impair the enforceability or validity of any other covenant or provision of this EULA or any part thereof.
13. GOVERNING LAW. This EULA will be governed and construed in accordance with the Mexican Laws and the parties submit to the non-exclusive jurisdiction of the Mexican Courts at Mexico City, Federal District.
14. FURTHER INSTRUMENTS. Except as otherwise expressly provided in this Agreement, each party shall furnish to the other (and shall deliver and cause to be executed, acknowledged and delivered to the other) any further instruments, which such other party may reasonably require or deem necessary from time to time to evidence, establish, protect, enforce, defend or secure to such other party any or all of its rights hereunder or to more effectuate or carry out the purposes, provisions or intent of this Agreement.
15. CAPTIONS. All indexes, titles, subject headings, section titles, and similar items are provide for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of this Agreement.
16. UPDATES. LERF may make updates and changes to this license agreement from time to time. Such changes will be posted on our website at http://www.mixba.com. Such changes or updates will become effective immediately. If you elect not to be bound by the new license agreement you must immediately destroy all copies of The Product and inform LERF in writing within sixty (60) days of posting. It is your responsibility to check the website for updates.
17. ENTIRE AGREEMENT. This EULA is the entire agreement between you and LERF relating to The Product and the 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 LERF policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
18. RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement are reserved by LERF.