END-USER LICENSE AGREEMENT FOR THE VENTURE OUTSOURCE, LLC (“VO”), EMS Manufacturing Programs Cost Modeler Compendium (“SOFTWARE PRODUCT”)
VO End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VO for the VO software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE 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 VO, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows: (a) Installation, Access and Use. VO grants you the right to install and use the copy of the SOFTWARE PRODUCT on your computer. (b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. (c) the User is a licensed, named End User of the SOFTWARE PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
“(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Versions available for download are accessible by contacting VO.
(c) Except and to the limited extent as may be otherwise specifically provided by applicable law in the United States and the European Union, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Cost Model by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law in the United States and the European Union, if it is essential to do so in order to achieve operability of the Cost Model with another Cost Model program, and you have first requested VO to provide the information necessary to achieve such operability and VO has not made such information available. VO has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by VO 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 Cost Model which is substantially similar to the expression of the Cost Model. Requests for information from users in the United States and the European Union with respect to the above should be directed to the VO.
(d) Rental. You may not rent, lease, stream as a service, repackage or lend the SOFTWARE PRODUCT.
(e) Support Services. VO may provide you with support services related to the SOFTWARE PRODUCT (“”Support Services””). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.”
3. TERMINATION
Without prejudice to any other rights, VO 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 SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by VO or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be 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 VO.
5. NO WARRANTIES
VO expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ 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. VO does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. VO makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. VO further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall VO 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 SOFTWARE PRODUCT, even if VO has been advised of the possibility of such damages. In no event will VO be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. VO shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
