EULA - End User License Agreement
PLEASE READ THE FOLLOWING LICENSE AGREEMENT. IT WILL BE NECESSARY FOR YOU TO
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE BEING PERMITTED TO
CONTINUE TO INSTALL THE PRODUCT. THE PROCEDURE FOR ACCEPTING OR REJECTING THE
LICENSE AGREEMENT IS SET OUT AFTER THE LICENSE AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR ANY SOFTWARE PRODUCT
FOR WHICH YOU HAVE RECEIVED THE CD-KEY(S) WITH THIS CD-ROM OR OBTAINED THE
CD-KEY(S) THROUGH AN AUTHORIZED SOURCE, THE INSTALLATION PROCESS WILL BE
END-USER LICENSE AGREEMENT FOR DevRiver "LucidLog.Net" SOFTWARE
IMPORTANTREAD CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (an individual or authorized company representative) and
DevRiver for the DevRiver software "LucidLog.Net" that accompanies this EULA,
which includes associated media and DevRiver Internet-based services
("Software"). An amendment or addendum to this EULA may accompany the Software.
1. GRANT OF LICENSE.
DevRiver grants you the following rights, provided that you comply with all
terms and conditions of this EULA:
1.1 Installation and use. You may install and use one copy of the Software on
one personal computer or other device located within your home or office. You
must obtain a full commercial License for the Software in order for you to
distribute or incorporate and processed works produced while utilizing this
evaluation version of the LucidLog.Net software..
1.2 Restricted use of evaluation version. An evaluation version of the Software
may be used for evaluation and testing purposes only and not for general
commercial use. You must obtain a full commercial License for the Software to
obtain the right to use the Software for any commercial purpose. The evaluation
version of the Software is made available under exclusion of any warranty and
1.3 License Grant for Documentation. The documentation that accompanies the
Software is Licensed for internal, non-commercial reference purposes only.
1.4 License Grant for Media Elements and provided Samples. The Software may
include certain photographs, clip art, templates, shapes, animations, sounds,
music and video clips that are identified in the Software for your use (together
"Media Elements"). You may copy and modify the Media Elements, and License,
display and distribute them, along with your modifications as part of your
software products and services, including your web sites, but you are not
Licensed to do any of the following: You may not sell, License or distribute
copies of the Media Elements or Samples by themselves or as part of any
collection, product or service if the primary value of the product or service is
in the Media Elements. You may not grant customers of your product or service
any rights to License or distribute the Media Elements or the provided Samples.
You may not License or distribute any of the Media Elements or Samples that
include representations of identifiable individuals, governments, logos,
initials, emblems, trademarks, or entities for any commercial purposes or to
express or imply any endorsement or association with any product, service,
entity, or activity. You may not create obscene or scandalous works, as defined
by federal law at the time the work is created, using the Media Elements. In
addition, you must indemnify and defend DevRiver from and against any claims or
lawsuits, including attorneys fees that arise from or result from the
licensing, use or distribution of Media Elements as modified by you.
1.5 Legal Use Only. You must indemnify and defend DevRiver from and against any
claims or lawsuits, including attorneys fees that arise from or result from
your use of this Software in a manner that violates any of the terms of this or
any other License agreement.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Expiration of Rights. Your rights to the Software set forth in Section 1
shall automatically expire if at any time you (a) are no longer employed by the
Customer; or (b) are no longer the primary user of a Licensed copy of the
Software with active Software Assurance; or (c) install any other version of the
Software that is subject to a EULA. In either such event, you must cease use of
the Software, uninstall it from the computer or device on which you installed it
and destroy all copies of the Software and all of its component parts.
2.2 Government Employees. It is DevRivers intent that the terms of this EULA be
in compliance with all applicable laws and regulations. Therefore, if the
Customer that employs you is the U.S. Government or any state or local
government within the United States, the Software is Licensed to you for the
sole use and benefit of the Customer for Customer purposes only, and may not be
used for your personal use unless so authorized by Customers ethics office. If
the Customer that employs you is a government outside the United States, you can
use the Software for your personal needs unless otherwise prohibited by any
applicable laws, policies or regulations, in which event the Software is
Licensed to you for the sole use and benefit of the Customer.
2.3 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT
ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to
exercise your rights to the Software under this EULA unless you 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
alter the Software. DevRiver will use those measures to confirm you have a
legally Licensed copy of the Software. If you are not using a Licensed copy of
the Software, you are not allowed to install the Software or future Software
updates. DevRiver will not collect any personally identifiable information from
your device during this process.
2.4 Internet-Based Services. You may not use any DevRiver Internet-based
services associated with the Software in any manner that could damage, disable,
overburden, or impair such services or interfere with any other partys use and
enjoyment of them. You may not attempt to gain unauthorized access to any
service, account, computer systems or networks associated with the
3. RESERVATION OF RIGHTS AND OWNERSHIP.
DevRiver reserves all rights not expressly granted to you in this EULA. The
Software is protected by copyright and other intellectual property laws and
treaties. DevRiver or its suppliers own the title, copyright, and other
intellectual property rights in the Software. The Software is Licensed, not
sold. This EULA does not grant you any rights to trademarks or service marks of
3.1 COPYRIGHT. The SOFTWARE is protected by United States Copyright law and
international treaty provisions. You acknowledge that no title to the
intellectual property in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the SOFTWARE will remain the
exclusive property of DevRiver and you will not acquire any rights to the
SOFTWARE except as expressly set forth in this License. You agree that any
copies of the SOFTWARE will contain the same proprietary notices which appear on
and in the SOFTWARE.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services with the
6. CONSENT TO USE OF DATA.
You agree that DevRiver and its affiliates may collect and use technical
information gathered as part of the product support services provided to you, if
any, related to the Software. DevRiver may use this information solely to
improve our products or to provide customized services or technologies to you
and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES.
DevRiver is not responsible for the contents of any third-party sites or
services, any links contained in third-party sites or services, or any changes
or updates to third-party sites or services. DevRiver is providing these links
and access to third-party sites and services to you only as a convenience, and
the inclusion of any link or access does not imply an endorsement by DevRiver of
the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based
services components, of the Software that DevRiver may provide to you or make
available to you after the date you obtain your initial copy of the Software,
unless they are accompanied by separate terms. DevRiver reserves the right to
discontinue Internet-based services provided to you or made available to you
through the use of the Software.
9. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services with the
To use Software identified as an upgrade, you must first be Licensed for the
software identified by DevRiver 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.
11. EXPORT RESTRICTIONS.
You acknowledge that the Software is subject to U.S. export jurisdiction. You
agree to comply with all applicable international and national laws that apply
to the Software, including the U.S. Export Administration Regulations, as well
as end-user, end-use, and destination restrictions issued by U.S. and other
governments. For additional information see .
12. SOFTWARE TRANSFER.
Internal. You may transfer your copy of the Software to a different device.
After the transfer, you must completely remove the Software from the former
device and reactivate transferred copy of the Software. No Transfer to Third
Party. You may not transfer, including by way of indirect transfer, such as a
consignment, this EULA, the Software or the Certificate of Authenticity (if
applicable) to any other end user.
If you fail to comply with the terms and conditions of this Agreement, DevRiver
may terminate this Agreement and your right and license to use the Software. In
such event, you must destroy all copies of the Software and all of its component
parts. You may terminate this Agreement at any time by notifying DevRiver. Upon
the termination of this Agreement, you must delete the Software from your
computers and archives.
YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, DEVRIVER MAY
TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
You agree to be identified as a customer of DevRiver and agree that DevRiver may
refer to you by name, trade name and trademark, if applicable, and may briefly
describe your business in DevRivers marketing materials and web site. You
hereby grant DevRiver a license to use your name and any of your trade names and
trademarks solely in connection with the rights granted to DevRiver pursuant to
this marketing section.
15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. DevRiver
warrants that the Software will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of
receipt. If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits disclaimer of
it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY
DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR
CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above limitation may not
apply to you. Any supplements or updates to the Software, including without
limitation, any (if any) service packs or hot fixes provided to you after the
expiration of the ninety day Limited Warranty period are not covered by any
warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO
CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this
Limited Warranty is as set forth below. Except for any refund elected by
DevRiver, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Software does not meet DevRivers Limited
Warranty, and, to the maximum extent allowed by applicable law, even if any
remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of
Incidental, Consequential and Certain Other Damages") are also incorporated into
this Limited Warranty. Some states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you specific legal
rights. You may have other rights which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. DevRivers and its suppliers entire
liability and your exclusive remedy for any breach of this Limited Warranty or
for any other breach of this EULA or for any other liability relating to the
Software shall be, at DevRivers option from time to time exercised subject to
applicable law, (a) return of the amount paid (if any) for the Software, or (b)
repair or replacement of the Software, that does not meet this Limited Warranty
and that is returned to DevRiver with a copy of your receipt. You will receive
the remedy elected by DevRiver without charge, except that you are responsible
for any expenses you may incur (e.g. cost of shipping the Software to DevRiver).
This Limited Warranty is void if failure of the Software has resulted from
accident, abuse, misapplication, abnormal use or a virus. Any replacement
Software will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer, and DevRiver will use commercially
reasonable efforts to provide your remedy within a commercially reasonable time
of your compliance with DevRivers warranty remedy procedures.
16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the
only express warranty made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any advertising,
documentation, packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable law, DevRiver and its
suppliers provide the Software and support services (if any) AS IS AND WITH ALL
FAULTS, and hereby disclaim all other warranties and conditions, whether
express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack of viruses, and of lack
of negligence, all with regard to the Software, and the provision of or failure
to provide support or other services, information, software, and related content
through the Software or otherwise arising out of the use of the Software. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DevRiver OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE
OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF DevRiver OR ANY SUPPLIER, AND EVEN IF DevRiver OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of DevRiver and any of its suppliers under
any provision of this EULA and your exclusive remedy hereunder (except for any
remedy of repair or replacement elected by DevRiver with respect to any breach
of the Limited Warranty) shall be limited to the greater of the actual damages
you incur in reasonable reliance on the Software up to the amount actually paid
by you for the Software or US$5.00. The foregoing limitations, exclusions and
disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent
permitted by applicable law, even if any remedy fails its essential purpose.
(a) DevRiver reserves the right at any time to cease the support of the Software
and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other characteristics of
(b) This Agreement, including the Third Party Software license agreements,
constitutes the entire agreement between the parties concerning your use of the
Software, and supersedes any and all prior or contemporaneous oral or written
representations, communications, or advertising with respect to the Software. No
purchase order, other ordering document or any hand written or typewritten text
which purports to modify or supplement the printed text of this Agreement or any
schedule will add to or vary the terms of this Agreement unless signed by both
you and DevRiver.
(c) A waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or condition or
any subsequent breach. The provisions of this Agreement which require or
contemplate performance after the expiration or termination of this Agreement
will be enforceable notwithstanding said expiration or termination.
(d) Titles are inserted for convenience only and will not affect in any way the
meaning or interpretation of this Agreement. If any provision of this Agreement
is held invalid, the remainder of this Agreement will continue in full force and
effect. Either DevRiver or you may assign this Agreement in the case of a merger
or sale of substantially all of its respective assets to another entity. This
Agreement will be binding upon and will inure to the benefit of the parties,
their successors and assigns.
Should you have any questions concerning this EULA, or if you desire to contact
DevRiver for any reason, please contact us by email at firstname.lastname@example.org.