» version 2.0 - posted on 2012-06-21
» version 1.01 - posted on 2010-08-17
EULA - End User License Agreement
Non-Commercial Software License Terms and Conditions:
CLEARCONNEX, INC. (“CCX”) PROVIDES CLEARTERMINAL SOFTWARE ("SOFTWARE") FREE OF CHARGE, SUBJECT TO THESE TERMS AND CONDITIONS OF USE ("SOFTWARE TERMS"). PLEASE READ THESE SOFTWARE TERMS CAREFULLY BEFORE USING THIS SOFTWARE. BY ACCESSING OR USING THIS WEB SOFTWARE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SOFTWARE TERMS AND ALL OTHER TERMS, POLICIES, AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SOFTWARE TERMS, DO NOT USE THIS WEB SOFTWARE.
CCX reserves the right to change or modify any of the terms and conditions contained in these Software Terms, or any policy or guideline of the Software, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Software, and your continued use of the Software will constitute your acceptance of such changes or modifications. You should review the Software Terms and any incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Software. If you do not agree to any amended terms, you must immediately stop using the Software.
Currently, the Software is designed for use only on Microsoft Windows XP, Microsoft Windows Vista, and Microsoft Windows 7 operating systems.
Pursuant to this Agreement, you are granted a limited, non-exclusive, non-assignable, perpetual license to utilize the Software for non-commercial purposes only. For purposes of the rights granted by this license agreement (“Agreement”), the term “non-commercial” refers to use of the Software which, without limitation: (a) will not result in the incorporation of the Software, or a derivative thereof, into a product intended to be distributed for commercial purposes; (b) is not undertaken for profit, (b) is not intended to produce works, services, or data for commercial use, or (c) is neither conducted, nor funded, by a person or an entity engaged in the commercial use, application or exploitation of works similar to the Software. Examples of commercial purposes include, without limitation, running business operations, licensing, leasing, or selling the software, distributing the software in a product to customers, distributing the software for use with commercial products, using the software in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others. Any commercial use of the Software shall require a separate license agreement.
Additional Software Features:
To the extent additional features or updates are made available for the Software, CCX reserves the right to charge you for such features, which, unless specified otherwise, will be subject to the terms and conditions appearing in this Agreement.
You shall not use, reproduce, license, sublicense, sell, offer to sell, or otherwise disseminate through any means now existing or later developed the Software or any component of the Software other than as expressly provided in this Agreement.
Reverse Engineering, Decompilation, and Disassembly:
You shall not, and shall not allow another to, on your or its behalf, reverse engineer, alter, decompile, disassemble, or otherwise seek to discover the source code, components, and DRM, formats, or protocols associated with the Software or any component of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Reservation of Rights:
CCX retains all right, title, and interest in and to the Software, all components thereof, and all documentation, in whatever form it may exist, pertaining to the Software. Accordingly, this License shall not be construed in any manner as transferring any rights of ownership, and all rights not expressly granted by CCX are reserved. Further, under no circumstances shall the License rights granted by this License be construed as granting, by implication, estoppel, or otherwise, a license to any CCX technology or under any intellectual property other than the Software.
THE SOFTWARE, THE MATERIALS CONTAINED THEREIN, AND ANY AND ALL SERVICES PROVIDED IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CCX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT, AND MATERIALS ON THE SOFTWARE. CCX DOES NOT AND SHALL NOT BE CONSTRUED OR INTERPRETED AS REPRESENTING OR WARRANTING THAT THE SOFTWARE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SOFTWARE, THE SOFTWARE CONTENT, OR ANY PORTION THEREOF.
WHILE CCX ATTEMPTS TO MAKE THE SOFTWARE SAFE, CCX CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT VIRUSES ON AND DISINFECT ANY DOWNLOAD. YOU AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER CCX NOR ITS AFFILIATES, NOR ANY PARTIES FACILITATING SOFTWARE CONTENT OR SUPPORT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SOFTWARE, THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SOFTWARE CONTENT OR OTHER INFORMATION OBTAINED FROM CCX OR ITS AFFILIATES OR ACCESSIBLE VIA THE SOFTWARE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE (WHETHER OR NOT RESULTING FROM ACTS OF GOD) OR COMMUNICATIONS FAILURE.
IN NO EVENT SHALL CCX INCUR ANY LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SOFTWARE.
The Software Terms shall be deemed entered into in the State of North Carolina and the laws of such state shall control. You agree that any disputes arising hereunder shall be subject to the exclusive jurisdiction of state and federal courts located in North Carolina.
The failure of CCX to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of the terms or conditions, but the conditions and terms shall be and remain at all times in full force and effect.
The headings contained in this Agreement are solely for the convenience of the parties and are not be used or relied upon in any manner in the construction or interpretation of this Agreement.
Both parties acknowledge that they entered into this Agreement voluntarily and that the terms and conditions contained herein are the product of discussions between the parties. Accordingly, in interpreting this Agreement, no weight shall be placed upon which party drafted the provision being interpreted.
Nothing contained in this Agreement shall be construed to require the commission of any acts contrary to law, and whenever there is any conflict between any provision of this Agreement and any law, such law shall prevail. In such event, however, the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement, and no other provisions of this Agreement shall be affected thereby and all such other provisions shall continue in full force and effect.
Client shall not assign or otherwise transfer this Agreement or any of its rights and interests to any firm, corporation or individual, without the prior written consent of CCX.
No modification, termination, or attempted waiver of this Agreement, or any provision thereof, shall be valid unless in writing signed by the party against whom the same is sought to be enforced.
This Agreement and the exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties.