End User License Agreement (EULA)
IMPORTANT Read this carefully before using this product. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single organization) and Duxbury Systems, Inc., ("Duxbury") for the Duxbury software program that accompanies this EULA ("Software"), which includes any associated media such as CDs and documentation. An amendment or addendum to this EULA may accompany the Software. You agree to be bound by all terms of this EULA by installing, copying, or using the Software. If you do not agree, do not install, copy, or use the Software; you may return it to your place of purchase for a full refund within ninety (90) days of purchase.
Ownership of the Software
1. The Software is owned by Duxbury and is protected by United States copyright laws, by laws of other nations, and by international treaties. Duxbury retains ownership and all rights not expressly granted to you by this EULA. The software may include materials developed by third parties, which retain the copyright on those materials.
Grant of License
2. Duxbury grants to you the right to install and use the Software according to the class of license, as follows:
2a. Single-user license Duxbury grants to you the right for one natural person, on one computer, to use the Software at any one time. You may install the Software on up to two (2) computers, and at different times different people may use the Software, but at any one time only one natural person may be using the Software, on one computer. If any computer on which the software is installed is connected to the Internet or any other network that permits any form of automatic access to the Software’s functions, it must not be configured so as to allow such access by the general public or in any event by more than five (5) distinct natural persons, in total, during any 24-hour period.
2b. Multiple-user (organizational) license Duxbury grants to you, the licensee organization, the right for the designated number of natural persons to use the Software at any one time. Such use must be substantially for the purposes of your organization. You may install the Software on multiple computers, but only up to the designated number of users; in no event may the Software be in use by more than the designated number of natural persons, nor on more than that same number of computers, at any one time. If any computer on which the software is installed is connected to the Internet or any other network that permits any form of automatic access to the Software’s functions, it must not be configured so as to allow such access by the general public or in any event by more than twice the designated number of distinct natural persons, in total, during any 24-hour period.
Restrictions on Use and Transfer
3. You may not copy the Software or any part, except for the installations within the grant of license, except for one (1) additional copy solely for backup or archival purposes, and except for specific third-party materials which may be copied and distributed as specified above and additionally more broadly if the author’s terms are followed. A list of these third-party materials, with the authors’ copyright statements and specific copying permissions is provided in the file copyrights.chm, and/or in the Software on-line Help files, which can be viewed after installation.
4. You may permanently transfer the license to use the Software and accompanying materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by this EULA. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software. You must notify Duxbury in writing of the transfer and identify the transferee, who must also accept this EULA. If any of these requirements are not met then the transfer shall be deemed null and void.
5. You may not reverse engineer, decompile, or disassemble the Software.
6. Mandatory registration and activation: There are technological measures in the Software that are designed to assist both Duxbury and you to keep usage of the Software within the terms of this EULA. You may not be able to exercise your usage rights after a certain period of time unless you register and activate your copy of the software in the manner described during the launch sequence. You may also need to reactivate the software if you modify your computer hardware or move the software to another computer. Duxbury and its successors will use registration and activation data only in the normal course of business with you directly or through dealers, and will not disclose such data to other parties except as required by courts or agencies of law enforcement.
7. This EULA applies to updates, supplements, or additional components or services of the Software that Duxbury may provide to you or make available to you after you obtain your initial copy of the Software, unless they are accompanied by separate terms.
8. To use Software identified as an upgrade, you must first be licensed for the software identified by Duxbury as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
9. Duxbury warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
10. Duxbury disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the software and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
11. Duxbury's entire liability and your exclusive remedy shall be, at Duxbury's choice, either (a) return of the price paid or (b) replacement of the Software. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
12. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
13. Conversion between print and braille is not an exact science in most circumstances, and all software is likely to contain faults despite careful preparation. You therefore understand that the output of a fully automatic conversion cannot be assumed to be correct, and that it is your responsibility to undertake whatever measures, such as proofreading by a qualified person, that may be appropriate to assure the quality of output that is necessary in a given situation. In no event will Duxbury be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising out of your use or inability to use the software. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
14. Third-party material is included with additional restrictions of warranty and damage claims against the original authors and contributors other than Duxbury Systems, Inc. The file copyrights.chm and/or the Software on-line Help files, which are installed with the Software, explain which of the following two restrictions applies to each piece of third-party material:
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS [INCLUDING DANIEL VEILLARD] BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
THIS SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHORS AND CONTRIBUTORS ACCEPT NO RESPONSIBILITY IN ANY CONCEIVABLE MANNER.
15. This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA. Venue for any disputes arising out of this agreement shall be the courts of said Commonwealth of Massachusetts.
16. This EULA (including any addendum or amendment to this EULA included with the Software) is the entire agreement between you and Duxbury relating to the Software. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
17. If you have any questions concerning this Agreement or wish to contact Duxbury for any reason, please write Duxbury Systems, Inc., 270 Littleton Road, Unit 6, Westford, MA 01886 USA or call 1-978-692-3000.
18. 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 set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Duxbury Systems, Inc., 270 Littleton Road, Unit 6, Westford, MA 01886.
19. The authors and contributors of third-party materials included in the Software have in cases disallowed that Duxbury Systems, Inc., and you in turn, should use their names in advertising and promotions. Restrictions apropos to each third-party component are described within the copyrights.chm and/or the Software on-line Help files, which are installed with the Software. You must review the restrictions within the provided references before using the name of an author or contributor of third-party material included with this Software in materials intended for advertising this Software or for promoting the sale, use, or other dealings with it.
20. The parties hereto confirm their express wish that this contract, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith. Les parties aux présentes confirment leur volonté expresse de voir la présente convention de même que tous les documents, y compris tous avis, si rattachant rédigés en langue anglaise seulement et s'en déclarent satisfaits.