» version 3.1 - posted on 2004-07-01
EULA - End User License Agreement
This license applies to the standard-licensed version of Proteg. If you do not have an evaluation version of Proteg, see the section titled Proteg Evaluation License.
Your Agreement to this License
This License only applies to the English-language version of the Proteg 3.1 software and its accompanying files, data and materials ("Proteg"). You should carefully read the following terms and conditions before using, installing, copying, or distributing this software. Unless you have a different license agreement signed by Inflexpoint Technologies ("Inflexpoint"), your use, installation, copying, or distribution of Proteg indicates your acceptance of this agreement ("License").
If you do not agree to all of the terms and conditions of this License, then: (a) do not use, install, copy, or distribute any copy of Proteg with which this License is included, and (b) in addition, if you paid Inflexpoint or an authorized Inflexpoint reseller for a package consisting of one or more copies of Proteg, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of the license fee.
The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of Proteg. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of Proteg; if you or your organization have/has a valid multi-user license, then you or your organization have/has the right to use up to a number of "Licensed Copies" of Proteg equal to the number of copies indicated in the documents issued by Inflexpoint when granting the license.
Scope of License
Each Licensed Copy of Proteg may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license.
Each Licensed Copy of Proteg includes Proteg Manager, which may be used to enable and disable Proteg on the computer. You may not alter or modify the Proteg Manager, nor permit anyone else to do so.
All rights of any kind in Proteg which are not expressly granted in this License are entirely and exclusively reserved to and by Inflexpoint. Proteg is protected by the international copyright laws and other applicable laws and treaties. You may use, install and distribute Proteg solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Proteg, nor permit anyone else to do so. You may not make access to Proteg available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Warranty Disclaimers and Liability Limitations
Proteg, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Inflexpoint does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Proteg. Inflexpoint does not warrant that the operation of Proteg will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. Further, there is no warranty for the optional virus scanning feature. (Proteg does not scan for viruses; it simply runs external programs that claim to perform this function.) You acknowledge that good data processing procedure dictates that any program, including Proteg, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Proteg covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Inflexpoint shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Proteg. Any liability of Inflexpoint will be limited exclusively to refund of the license fee paid to Inflexpoint. Except to the extent expressly prohibited by applicable statutes, in no event shall Inflexpoint, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of Proteg, or to your relationship with Inflexpoint, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Inflexpoint authorize you or anyone else to use Proteg in applications or systems where Protegs failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Inflexpoint harmless from any and all claims or losses relating to such unauthorized use.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the international laws and treaties. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in England, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by Inflexpoint herein. Any waiver by Inflexpoint of any violation of this License by you shall not constitute, nor contribute to, a waiver by Inflexpoint of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.