EnduraData license agreement
Before you install the software, please read and accept the following license agreement. This license supersedes and replaces any other license that may be included with the software package.
In compliance with Google adWords policy and to be transparent here is our license.
Program License Agreement
General Terms
BY DOWNLOADING, EXECUTING, INSTALLING, COPYING, ARCHIVING, ACCESSING, OR USING ANY OF ENDURADATA’ INC PROGRAMS OR FILES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR GOVERNMENT AGENCY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR AGENCY OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
– DO NOT DOWNLOAD, EXECUTE, INSTALL, COPY, ARCHIVE, ACCESS, OR USE THE PROGRAM; AND
– PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
THE “COMPANY” ENDURADATA INC or any of its subsidiaries.
“You” and “Your” refer either to an individual person or to a single legal entity.
This Agreement is the complete agreement between You and EnduraData, Inc. regarding the use of the Program. It replaces any prior oral or written communications between You and EnduraData, Inc. concerning Your use of the Program.
1. Entitlement
License
The Program is owned by EnduraData, Inc. or an EnduraData, Inc. subsidiary, and is copyrighted and licensed, not sold.
EnduraData, Inc. grants You a nonexclusive license to use the Program when You lawfully acquire it.
You may 1) use the Program up to the level of use specified in the purchase agreement 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.
If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party.
You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
EnduraData, Inc. may terminate Your license if You fail to comply with the terms of this Agreement. If EnduraData, Inc. does so, You must destroy all copies of the Program and associated documentation and accessories.
Money-back Guarantee
If for any reason You are dissatisfied with the Program and You are the original licensee, You may obtain a refund of the amount You paid for it minus usage fees, if within 14 days of Your invoice date You return the Program and its accessories to the party from whom You obtained it. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund.
Program Transfer
You may not transfer the program or its accessories to any other parties. Your software is licensed for a specific computer or virtual machine.
2. Charges
The amount payable for a Program license is a one-time charge and a yearly maintenance and use charge.
One-time charges are based on the level of use acquired which is specified in the Purchase agreement. EnduraData, Inc. does not give credits or refunds for charges already due or paid, except as specified elsewhere in this Agreement.
If You wish to increase the level of use, notify EnduraData, Inc. or the party from whom You acquired it and pay any applicable charges.
If any authority imposes a duty, tax, levy or fee, excluding those based on EnduraData, Inc.’s net income, upon the Program, then You agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Program from the date that You acquire it.
3. Limited Warranty
EnduraData, Inc. warrants that when the Program is used in the specified operating environment it will conform to its specifications. The warranty applies only to the unmodified portion of the Program. EnduraData, Inc. does not warrant uninterrupted or error-free operation of the Program or that EnduraData, Inc. will correct all Program defects. You are responsible for the results obtained from the use of the Program.
EnduraData, Inc. provides You with access to EnduraData, Inc. databases containing information on known Program defects, defect corrections, restrictions, and bypasses in exchange for a maintenance fee. Consult the EnduraData, Inc. Software Support Guide for further information at https://www.enduradata.com. EnduraData, Inc. will maintain this information for up to 30 days after the original licensee acquires the Program (“Warranty Period”).
If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the EnduraData, Inc. databases, You may return the Program and its accessories to the party (either EnduraData, Inc. or its reseller) from whom You acquired it and receive a refund in the amount You paid. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
4. Limitation of Liability
Circumstances may arise where, because of a default on EnduraData, Inc.’s part or other liability, You are entitled to recover damages from EnduraData, Inc.. In each such instance, regardless of the basis on which You may be entitled to claim damages from EnduraData, Inc., (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), EnduraData, Inc. is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim.
This limitation of liability also applies to EnduraData, Inc.’s Program developers and suppliers. It is the maximum for which they and EnduraData, Inc. are collectively responsible.
UNDER NO CIRCUMSTANCES IS EnduraData, Inc., ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. General
1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
3. You agree to comply with all applicable export and import laws and regulations.
4. You agree to allow EnduraData, Inc or its successor to store and use your contact information for the purpose of providing you assistance, product updates, security alerts, support and billing. You have the right to be forgotten. Please send an email or letter to EnduraData or its successor to be removed from its list.
5. Neither You nor EnduraData, Inc. will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
6. Neither You nor EnduraData, Inc. is responsible for failure to fulfill any obligations due to causes beyond its control.
7. This Agreement will not create any right or cause of action for any third party, nor will EnduraData, Inc. be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which EnduraData, Inc. is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and EnduraData, Inc. consent to the application of the laws of the laws of the the State of Minnesota, United States of America to govern, interpret, and enforce all of Your and EnduraData, Inc.’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to the laws and courts of the state of Minnesota, United States of America.
7. You agree not to use EnduraData Inc demo software to conduct any unlawful business.
8. You agree not to use EnduraData Inc’s demo software to conduct any business without paying EnduraData for every copy you installed or used.
9. EnduraData Inc Contact Information
EnduraData Inc
6440 Flying Cloud drive
Suite 210
Eden Prairie, MN 55344
952-746-4160
support@enduradata.com
sales@enduradata.com
