Human-Readable Important Stuff
You are purchasing a license to utilize software. The software license is tied to your Tigerpaw database. This means you'll need one license to utilize our software for each Tigerpaw database you expect to install it against. Reports are non-refundable and non-transferrable after installation. There may be an additional license for other utilities / software or varying terms, but it should be this simple for reports. For example QBTrak, or Tantivy can be refunded after purchase.
We may, at our discression, provide support if you are having difficulty installing or utilizing reports. Other utilities and software require the purchase of a support agreement. We are not obligated to provide maintenance, fixes, or new releases of reports. Services rendered beyond electronic delivery of products are subject to fees at our current hourly rate charged in half hour intervals. In other words: we stand behind our products and we will correct any deficiencies or provide assistance if a technical problem is encountered. Full-service installation is not included in the purchase price, however. Also, we don't know what Tigerpaw will look like in the future and occasionally changes made by new versions of Tigerpaw may break or otherwise render current reports out of date. Under these circumstances we can't obligate ourselves to providing an update.
The software you are licensing is our intellectual property and we own the copyright. Please don't give away or resell our products.
This is the bulk of what we want to say. The full details are below.
This is a binding legal agreement between You (an individual or single entity) and the Licensor, Tigertrak (Acteon Networks, LLC) (“Developer”) 165 Indiana Avenue Fort Washington, PA 19034.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
1. Grant of License
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Developer hereby grants to Licensee a non-exclusive, limited license to product ("Software") as set forth in this Agreement. The Software is licensed, not sold. This EULA grants you the following rights:
A. You may install only one copy of the Software to be used on multiple systems ("Computers") tied to one Tigerpaw database.
B. You may store or install a copy of the Software on a storage device, such as a network server, used only to run the Software on your other Computers over an internal network. The Software may be shared or used concurrently on different Computers, but only for one Tigerpaw database.
C. Your license rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by Licensor.
D. You may not sell, transfer or convey the Software to any third party without Licensor's prior express written consent.
2. Price and Payment
If you have not previously paid the license fee for the Software, then you must pay the license fee within the period indicated in the applicable invoice sent to you by Licensor. Failure to remit payment for services rendered by developer in any capacity may result in the termination of this agreement.
3. Support Services
Licensor may provide you with support services related to the Software ("Support Services") at its discretion. Any supplemental Software code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this EULA. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
This EULA is a license of the Software only, and Licensor does not assume any obligation to provide maintenance, patches or fixes to the Software. Licensor further disclaims any obligation to provide support or to prepare and distribute modifications, enhancements, updates and new releases of the Software.
4. Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When accepted by you, any such replacement or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the Software).
You may terminate this EULA at any time by destroying all your copies of the Software. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software from your computer and destroy any copies of the Software in your possession. Licensor reserves the right to terminate the use of software, or portions of software remotely.
A. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print copies of such electronic documentation.
B. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.
7. Export Restrictions
You may not export, ship, transmit or re-export software in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.
8. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
9. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Any dispute arising under this EULA will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the State of Pennsylvania. The arbitration will be held in Pennsylvania. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
12. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
13. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.