Y. End User License Agreement

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Terms Current for Version 7.0.19. Subject to change, for reference only.

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT: Pleasant's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pleasant Solutions Inc. ("Pleasant") for the attached Pleasant PRODUCT(s) which may include associated software components, media, printed materials, and "online" or electronic documentation ("PRODUCT"). By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Pleasant, and it supersedes any prior proposal, representation, or understanding between the parties except those that have been agreed to in writing and signed by both parties. If you do not agree to the terms of this EULA, do not install or use the PRODUCT. 

 

 

1. DEFINITIONS

Throughout this license, the use of the words "distributed", "copied", and "duplicated" all refer to any form of distribution, copying, duplication, publication, and/or replication on any media and in any form. Use, concurrent or otherwise, of one copy of PRODUCT for more than one computer or more than one person (including, but not limited to, networks and remote computer connections) is considered copying.

 

2. GRANT OF LICENSE. 

The PRODUCT is copyright and thus protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold. It is licensed as follows:

(a) Installation and Use.

Pleasant grants you the right to install and use unregistered a copy of the PRODUCT, only as a whole, on one computer containing a system for which the PRODUCT was designed [eg, your operating system] for a period of time as the software normally allows for evaluation. PRODUCT and third-party components that it contains can not be used independently of the PRODUCT as a whole.

(b) Backup Copies.

You may make copies of the PRODUCT strictly as may be necessary for backup and archival purposes.

 

3. DISTRIBUTION OF UNREGISTERED COPIES

Distribution of unregistered copies of the PRODUCT are granted under the following conditions:

(a) No information, data, and/or files may be removed, altered in ANY way, or added to the distributed package. PRODUCT can not be distributed in part. Altering and/or removing this license agreement is also a serious criminal offense. 

(b) You must not remove or alter any copyright notices on any and all copies of the PRODUCT.

(c) No charge may be placed for PRODUCT nor can it be distributed together with other products (commercial or otherwise) where the other products or the collection is being paid for or requesting donation for, whatever the reason. As an example, but not at all limited to this situation, PRODUCT can not be put onto a collection of software which requires a distribution fee to be paid by purchasers. If you wish to put PRODUCT in any collection or group of software which is charged for, contact Pleasant for expressed written permission (which we may gladly provide so long as purpose of the charge is made clear). 

(d) PRODUCT must be distributed in a way that somehow exposes all users to the terms of this license agreement before use. This can be during installation, before installation, during product opening, before product opening, before downloading, or otherwise. 

 

4. DISTRIBUTION OF REGISTERED COPIES

You may not distribute or copy registered copies of the PRODUCT.

 

5. PROTECTION

In no event shall you circumnavigate any copyright protection or evaluation limits of the software.

 

6. TERMINATION 

Without prejudice to any other rights, Pleasant may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRODUCT in your possession.

 

7. COPYRIGHT

All title, including but not limited to copyrights, in and to the PRODUCT and any copies thereof are owned by Pleasant or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and is protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Pleasant. 

 

8. NO WARRANTIES

Please be aware that PRODUCT is provided "as is" to the maximum extent of the law. Use at your own risk. Pleasant expressly disclaims any warranty for the PRODUCT. The PRODUCT is provided without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Pleasant does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the PRODUCT. Pleasant further expressly disclaims any warranty or representation to Authorized Users or to any third party.

 

9. LIMITATION OF LIABILITY

In no event shall Pleasant, or Pleasant’s third-party suppliers of components included in the PRODUCT, be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the PRODUCT, even if Pleasant has been advised of the possibility of such damages. In no event will Pleasant be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Pleasant shall have no liability with respect to the content of the PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, business interruption, or personal injury. 

 

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. Any legal action brought concerning this Agreement or its subject matter will be brought only in the courts located in Alberta, and both parties agree to the exclusive jurisdiction and venue of these courts.

 

11. NON-WAIVER

No consent or waiver, express or implied, by Pleasant of any breach or default by the Client of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by Client. Failure on the part of Pleasant to complain of any act or failure to act of the Client or to declare the Client in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.

 

12. SEVERABILITY

In the event that any provision of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions shall be and remain in full force and effect.

 

13. HEADINGS

The headings utilized in this Agreement are for convenience only and are not to be construed in any way as additions or limitations of the covenants and agreements contained herein.

 

14. THIRD PARTIES

This product may make use of several third party libraries included in the distribution. Such portions will be copyright and licensed according to their respective licenses. 

 

The following libraries are covered by the license available at http://www.gnu.org/licenses/lgpl-2.1.txt:

nHibernate: copyright by various contributors of the NHibernate Project

ConcurrentHashtable: Copyright 2008 The 'A Concurrent Hashtable' development team

Obtics: Copyright by various contributors of Obtics 

 

Npgsql: Copyright (c) 2002-2007, The Npgsql Development Team. Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies. IN NO EVENT SHALL THE NPGSQL DEVELOPMENT TEAM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE NPGSQL DEVELOPMENT TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE NPGSQL DEVELOPMENT TEAM SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE NPGSQL DEVELOPMENT TEAM HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

 

15. OTHER RIGHTS AND LIMITATIONS.

(a) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, unlock, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 

(b) Rental.

You may not rent, lease, or lend the PRODUCT.

(c) Support Services.

Pleasant may provide you with support services related to the PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this EULA. 

(d) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the PRODUCT.

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