IMPORTANT -- READ CAREFULLY: By downloading the file containing Intellisys Project Desktop("Software"), You agree to be and are hereby bound by the terms of this License Agreement ("Agreement"). If you do not agree to the terms of this Agreement, you must promptly destroy all copies of the Software and accompanying documentation ("Documentation").
I. GRANT OF LICENSE:
Intellisys, Inc. and its suppliers and licensors ("Intellisys") hereby grant you a non-exclusive license to use the Software and Documentation subject to the following terms:
You may: (i) use the Software for internal purposes only; (ii) install the software on one CPU only; and (iii) copy the Software for back-up, archival purposes provided any copy must contain all of the original Software's proprietary notices.
You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes); (iv) resell, rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation.
II. SOFTWARE:
Only Intellisys or an Intellisys authorized distributor is authorized to perform maintenance and support of the Software, and such service will be performed solely in accordance with a written agreement or purchase order therefore. Intellisys or its authorized distributor shall have no obligation to provide support or maintenance or updates, modifications or new releases, except as may be set forth in that agreement or purchase order. No maintenance or support obligation of Intellisys or its authorized distributor shall survive termination of this SLA.
This license does not grant you any right to any enhancement or update.
III. TITLE:
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Intellisys and/or its suppliers. Title, ownership rights and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
IV. DISCLAIMER OF WARRANTY:
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELLISYS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTELLISYS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF INTELLISYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
V. TERMINATION:
This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Intellisys to effectuate such termination. On termination you must destroy all copies of the Software and Documentation.
VII. GOVERNING LAW:
This License Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions, and you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of California. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
VIII. ENTIRE AGREEMENT:
This Agreement constitutes the complete and exclusive agreement between Intellisys and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Intellisys and you.
Intellisys Project Desktop v3_50 License Agreement (15-Feb-07)
Intellisys Inc.