Innowera Process Runner LITE End User License Agreement
THIS END USER LICENSE AGREEMENT (“Agreement” or “EULA”) is made effective between INNOWERA LLC, a Texas limited liability company ("INNOWERA") and You("YOU" or “YOUR”).
This Agreement is for INNOWERA's software known as Process Runner Lite and all the components distributed along with such Process Runner software, (collectively, "SOFTWARE") which may be provided on diskette(s), compact disk(s), DVDs, via Web downloads or may be delivered by another electronic media or means.
INNOWERA owns or has rights to the SOFTWARE which are protected by copyright and are licensed, not sold. YOU obtain no rights other than those granted to YOU under this license. INNOWERA retains title to the SOFTWARE and all copies YOU make of them.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Please read this EULA carefully before using the SOFTWARE, initial use of the system or the SOFTWARE indicates YOUR acceptance of these terms. 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 or use the SOFTWARE and YOU must completely and immediately destroy all the copies of the SOFTWARE.
This EULA authorizes YOU to:
1. Use the SOFTWARE for a one user on one computer solely for designing and running SOFTWARE. (The SOFTWARE is "in use" when it is loaded into RAM, installed on a hard disk or other storage device or is otherwise available to the central processing unit of a computer);
2. To install, test and use this SOFTWARE, YOU must have valid and appropriate SAP license(s). YOU may use SOFTWARE with 2 SAP systems of YOUR choice. Once these SAP systems are selected, YOU cannot change them;
3. SOFTWARE is licensed for a single desktop user use. Once software is activated or is in use it cannot be assigned, moved or transferred to another user or computer. SOFTWARE may not be used on Server Operating system;
4. SOFTWARE is licensed to run on physical desktop or laptop hardware. Virtualization, Remote desktop, terminal, citrix or other sessions are not permitted;
5. Copy the SOFTWARE for backup, or archival purposes;
6. SOFTWARE is provided free of cost to YOU without any support on AS-IS basis. SOFTWARE may have functional and technical limitations and restrictions as compared to other paid version or variant of other INNOWERA software. Not all such restrictions will be clearly documented or indicated. INNOWERA reserves the right to decide what restrictions to implement and may implement these changes time to time without prior notice.
7. SOFTWARE is intended for only for personal and non-commercial use. If YOU or YOUR company or client is receiving any commercial benefit out of the software, such usage may be considered as a commercial use. INNOWERA reserves final right to decide if software is used for commercial or personal use.
YOU may NOT:
1. Merge, copy, display, adapt, modify, distribute or transfer the SOFTWARE;
2. Reverse assemble, reverse compile, decode, or translate the SOFTWARE or any components distributed along with SOFTWARE;
3. Sublicense, rent, lease, or assign SOFTWARE; or
4. Use SOFTWARE or component(s) of the SOFTWARE in development environment to create another software or application;
5. Allow any other user other than YOU including third-party agents, contractors or consultants to access or use the SOFTWARE.
6. Upload or submit any confidential, proprietary, illegal, defamatory, unauthorized information or information that does not belong to YOU to INNOWERA either directly or indirectly via e-mail, SMS, websites, forums, cloud services etc.
YOU further confirm that:
- YOU are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
- YOU will not download or otherwise export or re-export the SOFTWARE, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
- YOU are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are YOU listed on the United States Department of Commerce Table of Denial Orders.
- YOU will not download or otherwise export or re-export the SOFTWARE, directly or indirectly, to persons on the above mentioned lists.
- YOU will not use the SOFTWARE for, and will not knowingly allow the SOFTWARE to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
YOU agree that U.S. export control laws and other applicable export and import laws govern YOUR use of the SOFTWARE.
YOU agree that neither the SOFTWARE nor any direct product thereof will be exported, directly, or indirectly, by YOU in violation of these laws, or will be used by YOU for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by INNOWERA or in case of third party components, by its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, YOU must treat the SOFTWARE like any other copyrighted material except that YOU may install the SOFTWARE on a single computer, provided YOU keep the original solely for backup or archival purposes. YOU may not copy the printed materials accompanying the SOFTWARE.
INNOWERA and suppliers of components distributed with SOFTWARE MAKE NO WARRANTY, REPRESENTATION, PROMISE OR GUARANTEE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOFTWARE MAY USE OR INCLUDE OPEN SOURCE COMPONENTS AND SOFTWARE. YOU ADDDITIONALLY AGREE TO COMPLY TO ALL THE CONDITIONS AND RESTRICTION OF SUCH OPEN SOURCE COMPONENTS AND SOFTWARE.
The warranty and remedies set forth above is exclusive and in lieu of all others, oral or written, express or implied. No INNOWERA distributor, agent or employee is authorized to make any modification or addition to this warranty.
LIMITATION OF LIABILITY
Because SOFTWARE is inherently complex and may not be completely free of errors, it is YOUR responsibility to verify YOUR work and to make backup copies, and INNOWERA will not be responsible for YOUR failure to do so. IN NO EVENT WILL INNOWERA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF OR INABILITY TO USE INNOWERA PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE, SHALL INNOWERA’S LIABILITY FOR MONEY DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE.
INNOWERA may assign this Agreement, in whole or in part, or any of its rights, duties or obligations hereunder, without the prior written consent of the YOU. YOU may not assign this agreement to anyone. Any attempt to assign this Agreement other than as permitted above is void. This Agreement binds and inures to the benefit of the Parties, their successors and permitted assigns.
YOU further agree that INNOWERA may use and/or allow other person to use the content, work product any other electronic submission YOU may provide to various INNOWERA sites including community sites either submitted online, uploaded from program or via e-mail.
TERMS and OTHER RESTRICTIONS
Initial term of use of this SOFTWARE is 365 days. YOU must maintain a valid e-mail with INNOWERA all the time and YOU must activate the license key online. INNOWERA may grant first activation terms to be less than 365 days. INNOWERA may renew this term of 365 days for another period or periods. INNOWERA may terminate YOUR license prior to this term if YOU fail to comply with the terms and conditions of this Agreement. INNOWERA also reserves unconditional and absolute right to terminate or change, add, edit, delete any or all conditions of this license at any time without prior notice or decide not renew this license without any cause.
If YOU or YOUR company is developing, marketing, selling, distributing software like the SOFTWARE or offering services to build, designer, sell, lease, distribute or market software like the SOFTWARE or if YOU are related to or helping any way with any such company, YOU must immediately stop using the SOFTWARE and consider YOUR license terminated immediately and from beginning. INNOWERA reserves the right to capture and use license control information to enforce the compliance and recover the damages from YOU to the maximum possible extent available under the law.
In the event when license is terminated, YOU must immediately destroy all YOUR copies of the SOFTWARE.
If this license is found to conflict with any other agreement YOU or YOUR company have with INNOWERA, do not continue with installation or use. Contact INNOWERA to rectify any of the differences. If YOU continue now, YOU are bound by the terms of this agreement. This Agreement may not be modified or altered time to time by Innowera.
If any part of this Agreement is held unenforceable as written, it shall be enforced to the maximum allowed by law.
This EULA shall be governed by and construed in accordance with the laws of the State of Texas, United States of America.
ACKNOWLEDGMENT OF AGREEMENT