Welcome - Software License

 

END-USER SOFTWARE LICENSE AGREEMENT

 

IMPORTANT-READ CAREFULLY: This Padus End User License Agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity) and Padus, Incorporated for the Padus software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, promptly return the unused SOFTWARE to the place from which you obtained it for a full refund.

 

SOFTWARE PRODUCT LICENSE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

 

  1. GRANT OF LICENSE

    This LICENSE grants you the following rights:
     

    1. You may use one copy of the Padus Software Product identified above on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
    2. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited 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 to any third party.
     

  2. UPGRADES

    If the SOFTWARE is an upgrade, whether from Padus or another supplier, you may use or transfer the SOFTWARE only in conjunction with upgraded product. If the SOFTWARE is an upgrade from a Padus product, you may now use that upgraded product only in accordance with this LICENSE.
     

  3. COPYRIGHT

    All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Padus or 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 either (a) make one copy of the SOFTWARE solely for backup or archival purposes or (b) 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.
     

  4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
     

    1. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    2. No Separation of Components. The SOFTWARE is licensed as a single product and neither the software programs comprising the SOFTWARE or any UPDATE may be separated for use by more than one user at a time.
    3. Rental. You may not rent or lease the SOFTWARE.
    4. Software Transfer. You may permanently transfer all of your rights under this LICENSE, provided that you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this LICENSE, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this LICENSE. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
    5. Termination. Without prejudice to any other rights, Padus may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. In such event, you must destroy all copies of the SOFTWARE.
     

  5. U.S. GOVERNMENT RESTRICTED RIGHTS

    The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Padus Incorporated, 891 West Hamilton Avenue, Campbell, California, 95008-0402, United States of America.
     

  6. GOVERNING LAWS; ATTORNEY FEES

    This Agreement shall be governed by the laws of the State of California and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of California. If either Padus or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
     

  7. EXPORT RESTRICTIONS

    Recipient acknowledges that the SOFTWARE and documentation acquired hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to these Product and Documentation, it will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to U.S.A. export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, South Africa (military and police entities), Syria, and Vietnam); (ii) any end user who Recipient knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. Recipient further acknowledges that the Product may include technical data subject to export and re-export restrictions imposed by U.S.A. law.

 

MISCELLANEOUS. Should you have any questions concerning this Agreement, or if you desire to contact Padus for any reason, you may call Padus at (408) 370-0377, write to Padus Incorporated, 891 West Hamilton Avenue, Campbell, California, 95008-0402, United States of America, or email to info@padus.com.

 

LIMITED WARRANTY. Padus warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE and hardware, if any, are limited to ninety (90) days and one year, respectively.

 

CUSTOMER REMEDIES. Padus' and its suppliers' entire liability and your exclusive remedy shall be, at Padus' option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet Padus' Limited Warranty and which is returned to Padus with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Padus are available without proof of purchase from an authorized international source.

 

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PADUS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PADUS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PADUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.