END USER SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT PROCEED AND DO NOT USE THIS SOFTWARE.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means Legintel LLC with its main address located at 777 Taylor Street, Suite 1130 Fort Worth, TX 76102.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s), servers, codes, or programs, or other media with which this Agreement is provided, including but not limited to (i) Legintel LLC or third party computer servers, information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, or its code or algorithms, if any, licensed to you by Legintel LLC. (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy, make use of, or print out, or otherwise benefit from using the functionality of the Software asset in accordance with the Documentation.
“Licensee” means You or Your Company, unless otherwise indicated.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Legintel LLC.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
- SOFTWARE LICENSE.
If you comply with the terms of this End User License Agreement (the "Agreement"), Legintel LLC. grants to you a non-exclusive, non-transferrable, license to Use the proprietary Software it has developed for the purposes described in the Documentation. Some third- party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
The current fee for the use of this license (consideration) and the software is found on this website where the licensee makes access to the software program. This fee must be paid prior to this license being granted and any use made of the Legintel LLC. Software program. Upon expiration of this license access will be terminated, unless a new fee is paid, or the license is extended or renewed.
This license is non-transferrable and may not be assigned. It is proprietary, and personal to the person or company applying tor this license and paying for its use.
- General Use
You may install, access and use a copy of the Software on your compatible computer, up to the Permitted Number of computers. This license is for use on only one computer and by one authorized user, for the
sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts). No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from, or to, a computer not part of your internal network, or for a purpose that is not approved by Legintel LLC for use, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from Legintel LLC., and;
- Stock Files
Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights or intellectual property rights in the Stock Files or derivative works thereof.
To the extent that the Software includes Legintel LLC. software, (i) you may not customize such software in accordance with the restrictions found at the website on which the Legintel LLC., Software is hosted. (e.g., installation of additional plug-in and help files); you may not otherwise alter or modify program or create a new program for any of such software, (ii) such software is licensed and distributed by Legintel LLC. and (iii) you are not authorized to use any plug-in or enhancement that permits you to save modifications to a file with such software.
The software can only be used for the purposes for which it has been granted in this agreement and not for other business purposes that are not expressly agreed to in writing between the licensor and licensee, In return for the fee paid you are granted a revocable license to use the proprietary Legintel LLC software for a period of one calendar year or 365 days, from the date of payment for this license, after which this license shall expire unless a new fee is paid and it is renewed, or a new license is granted.
The territory for which this non-exclusive license is granted is for the State of Texas. Other States and jurisdictions are not covered under this license.
Legintel LLC reserves the right under this license to have its performance excused if that non-performance is due to a Force Majeure event such as weather, floods, lighting, windstorm, tornado, fire, loss of power or computer or server failure, or other such cause that is beyond its control.
- INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by Legintel LLC. to make are the intellectual property of and are owned by Legintel LLC. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Legintel LLC., and its suppliers. The Software is protected by copyright, including without limitation by United States of America Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Legintel LLC has a pending patent on the technology, and you may not copy, alter, duplicate or otherwise make use of the asset except within the terms of this license agreement.
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Legintel LLC to provide the information necessary to achieve such operability and LeginteL LLC. has not made such information available. Licensee agrees that it shall be responsible for the payment of any software engineering services required to develop specific enhancements requested by Licensee to the standard Legintel LLC functionality offerings. Such enhancements shall become the sole property of Legintel LLC., and licensee shall make no claim to them.
Legintel LLC. has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Legintel LLC. or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein, and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software, licensed herein. Requests for information should be directed to the Legintel LLC Technical or Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein. This license is personal to you the end user, and you may not transfer any portion or all your rights to Use the Software to another person or legal entity. You agree that you will retain no copies, including backups and copies stored on a computer.
- MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES/ BUNDLES / UPDATES
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: The Update and the previous version are installed on the same computer; the previous version or copies thereof shall not be transferred to another party or computer.
- NO WARRANTY
The Software is being delivered to you "AS IS" and Legintel LLC. makes no warranty as to its use or performance. Legintel LLC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, Legintel LLC. AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- NEW RELEASE PRODUCT ADDITIONAL TERMS
If the product you have received with this license is a new release product then the following Section applies. To the extent that any provision in this Section conflicts with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the new release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a new or recent release version, does not represent final refined product development from Legintel LLC., and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the New-release Software is provided to you "AS-IS", and Legintel LLC. disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR New-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, Legintel LLC'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Legintel LLC. has not promised or guaranteed to you that New-release Software will be announced or made available to anyone in the future, that Legintel LLC. has no express or implied obligation to you to announce or introduce the New-release Software and that Legintel LLC. may not introduce a product similar to or compatible with the New-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the New-release Software or any product associated with the New-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Legintel LLC. you will provide feedback to Legintel regarding testing and use of the new-release Software, including error or bug reports. If you have been provided the New-release Software pursuant to a separate written agreement, such as the Legintel LLC. Serial Agreement for unreleased, new, or recently released Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the New-release Software. Upon receipt of a later unreleased version of the New-release Software or release by Legintel LLC. of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier New-release Software received from Legintel LLC. and to abide by the terms of the End User License Agreement for any such later versions of the New-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America or Canada, you agree that you will return or destroy all versions of the New-release Software within thirty (30) days of the completion of your end user agreement expiring.
- LIMITATION OF LIABILITY
IN NO EVENT WILL Legintel LLC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN Legintel LLC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Legintel LLC.]'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF AN. Legintel LLC. is acting on behalf of its suppliers, and itself, for disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement.
- EXPORT RULES (OPTIONAL – FOR AMERICAN COMPANIES)
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
- GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas and of The United States of America.
- GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Legintel LLC. Updates may be licensed to you by Legintel LLC. Only. Such updates or product improvements may be on differing terms and conditions and may involve the payment of additional fees for their use.
- NOTICE TO U.S. GOVERNMENT END USERS
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. For U.S. Government End Users, legintel LLC. agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
- COMPLIANCE WITH LICENSES
If you are a business or organization, you agree that upon request from Legintel LLC., or Legintel LLC’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Legintel LLC. Software at the time of the request is in conformity with your valid licenses from Legintel LLC.
If you have any questions regarding this Agreement or if you wish to request any information from Legintel LLC. please use the address and contact information included with this product to contact the office serving your jurisdiction.
Legintel LLC., [SOFTWARE], is either registered trademark or trademark of Legintel LLC. in the United States and/or other countries.
This instrument is the entire agreement between the parties and is the complete expression of their agreement and its terms and conditions.