End User License Agreement This is a legal agreement (the "Agreement") between the end user ("Licensee" or "You") and Telesto. (the "Licensor"). This Agreement is part of a package that also includes executable files that you may download (referred to herein as the "Software") and certain written materials (the "Documentation"). Any patch, update, upgrade, modification or other enhancement provided by Licensor with respect to the Software or the Documentation shall be included within the meanings of those terms, for the purposes of this Agreement, except to the extent expressly provided below. BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE. YOU UNDERSTAND THAT, IF YOU PURCHASED THE SOFTWARE FROM AN AUTHORIZED RESELLER OR DISTRIBUTOR OF LICENSOR, THAT RESELLER OR DISTRIBUTOR IS NOT LICENSOR'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, STATUTORY OR OTHERWISE, ON LICENSOR'S BEHALF OR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION NAMED IN YOUR REGISTRATION FORM, IF ANY, AND IF SUCH AN ORGANIZATION IS NAMED, SUCH ORGANIZATION SHALL BE DEEMED TO BE THE "LICENSEE" REFERRED TO IN THIS AGREEMENT. IF NO SUCH ORGANIZATION IS NAMED, THEN YOU INDIVIDUALLY SHALL BE DEEMED TO BE THE "LICENSEE." THE LICENSE AND OTHER TERMS AND CONDITIONS SET FORTH HEREIN SHALL APPLY ONLY IF YOU HAVE OBTAINED THE SOFTWARE AND DOCUMENTATION DIRECTLY FROM LICENSOR OR A LICENSOR AUTHORIZED RESELLER OR DISTRIBUTOR. WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. Telesto Search Telesto Search Product is available in two editions: Enterprise Edition and Trial Edition (for 20-day evaluation). Each edition has a specific End User License Agreement ("EULA"). If no Enterprise or Trial edition specified, the EULA for the Trial Edition prevails. Enterprise Edition LICENSE GRANT Telesto InfoTech grants you a non-exclusive license to use this software, and any associated documentation, as indicated herein. If you have purchased an Enterprise License, multiple copies (you specified several copies of the software when you purchased it) of the Software may be installed and used, for internal use only, on the number of computers authorized at the time of purchase. The Software is in "use" on a computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (hard disk or other device) of that computer. You MAY: (a) use the Software in a company, corporate or organization; (b) make a copy of the software for archival purpose only; (c) install the Software on another computer only if you change of workstation. In such a case you must uninstall the software from the previous workstation. RESTRICTIONS You MAY NOT: (a) copy and distribute the Software or any portion of it; (b) sublicense, lease, rent, or transfer this Software to another; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software; (d) remove or alter any patent, trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation; (e) use the Software to conduct a service bureau or similar business for the benefit of third parties. TERM This License is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Software, together with all copies thereof. COPYRIGHT/OWNERSHIP This Software and its source code are proprietary products of TELESTO INFOTECH and are protected by copyright and other intellectual property laws. The Software is licensed and not sold. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software other than those specified in this License. 20-Day Evaluation version LICENSE GRANT TELESTO SEARCH grants you a non-exclusive license to test this software in 20-Day Trial Version, and any associated documentation ("The Trial Version"), as indicated herein. RESTRICTIONS You MAY NOT: (a) use the Trial Version after the evaluation period of 20 days; (b) use the documents created or compiled with the Trial Version (except for test purpose or once a full version has been purchased); (c) sell this Trial Version package (except for shipment and handling charges); (d) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software; (e) remove or alter any patent, trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation; (f) use the Software to conduct a service bureau or similar business for the benefit of third parties. TRIAL VERSION DISTRIBUTION You are hereby licensed to make as many copies of the Trial Version as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the Trial Version (you must distribute the INSTALL file, not the files resulting of an installation). You are not allowed to sell the Trial Version (except for shipment and handling charges). Press is authorized to distribute it on any Cover Disk, CD-ROM without permission from TELESTO. Shareware Catalog Web sites are authorized to distribute it as a download file (hosted or linked to TELESTO site) without permission from TELESTO. TERM This License is effective until terminated. You may terminate it at any time by destroying the Trial Version, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Trial Version, together with all copies thereof. COPYRIGHT/OWNERSHIP This Software and its source code are proprietary products of TELESTO and are protected by copyright and other intellectual property laws. THIRD PARTY LICENSES: The Software includes software components that Licensor has licensed from third parties. Your use of these software components is subject to certain third-party licensing terms and conditions. A list of third-party software components follows below with links to relevant licensing terms.
DISCLAIMER OF WARRANTIES FOR BOTH EDITIONS TELESTO disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Shareware. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITH NO WARRANTIES OF ANY KIND OR NATURE. LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. DISCLAIMER OF DAMAGES FOR BOTH EDITIONS TELESTO assumes no liability for damages, direct or consequential, which may result from the use of the Software, even if TELESTO has been advised of the possibility of such damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. |