License Agreement (EULA)
Durkin Computing Licensing Terms
License for ACT Addons by Durkin Computing
The software and documentation that accompanies this license (collectively the "Software")
is the proprietary property of Durkin Computing or its licensors and is protected
by copyright law. While Durkin Computing continues to own the Software, you will
have certain rights to use the Software after your acceptance of this license. This
license governs any releases, revisions, or enhancements to the Software that the
Licensor may furnish to you. Except as may be modified by an applicable Durkin Computing
license certificate, license coupon, or license key (each a “License Module”) that
accompanies, precedes, or follows this license, your rights and obligations with
respect to the use of this Software are as follows:
A. use that number of copies of the Software as have been licensed
to you by Durkin Computing under a License. If the Software is part of a suite containing
multiple Software titles, the number of copies you may use may not exceed the total
aggregate number of copies so indicated in the License, as calculated by any combination
of licensed Software titles. Your License shall constitute proof of your right to
make such copies. If no License accompanies, precedes, or follows this license,
you may make one copy of the Software you are authorized to use on a single machine.
B. make one copy of the Software for archival purposes, or copy
the Software onto the hard disk of your computer and retain the original for archival
C. use the Software on a network, provided that you have a licensed
copy of the Software for each computer that can access the Software over that network;
D. after written consent from Durkin Computing, transfer the Software
on a permanent basis to another person or entity, provided that you retain no copies
of the Software and the transferee agrees to the terms of this license; and
E. use the Software in accordance with any additional permitted
uses set forth in Section 8, below.
You may not:
A. copy the printed documentation which accompanies the Software;
B. sublicense, rent or lease any portion of the Software; reverse engineer,
decompile, disassemble, modify, translate, make any attempt to discover the source
code of the Software, or create derivative works from the Software;
C. use a previous version or copy of the Software after you have
received a disk replacement set or an upgraded version. Upon upgrading the Software,
all copies of the prior version must be destroyed;
D. use a later version of the Software than is provided herewith
unless you have purchased corresponding maintenance and/or upgrade insurance or
have otherwise separately acquired the right to use such later version;
E. use, if you received the software distributed on media containing
multiple Durkin Computing products, any Durkin Computing software on the media for
which you have not received a permission in a License;
F. use the Software in any manner not authorized by this license;
G. use the Software in any manner that contradicts any additional
restrictions set forth in Section 8, below.
You may obtain Updates for any period for which you have purchased upgrade
insurance for the product, entered into a maintenance agreement that includes Updates,
or otherwise separately acquired the right to obtain Updates. This license does
not otherwise permit you to obtain and use Updates.
3. Limited Warranty:
Durkin Computing warrants that the media on which the Software is distributed
will be free from defects for a period of sixty (60) days from the date of delivery
of the Software to you. Your sole remedy in the event of a breach of this warranty
will be that Durkin Computing will, at its option, replace any defective media returned
to Durkin Computing within the warranty period or refund the money you paid for
the Software. Durkin Computing does not warrant that the Software will meet your
requirements or that operation of the Software will be uninterrupted or that the
Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE
AND COUNTRY TO COUNTRY.
4. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC
AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL DURKIN COMPUTING BE LIABLE
TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY
LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
EVEN IF DURKIN COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL DURKIN COMPUTER’S LIABILITY EXCEED THE PURCHASE PRICE FOR THE
SOFTWARE. The disclaimers and limitations set forth above will apply
regardless of whether you accept the Software.
5. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Durkin Computing products and documentation
are commercial in nature. The software and software documentation are "Commercial
Items", as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation", as such terms
are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1),
and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable.
Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R.
section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant
sections of the Code of Federal Regulations, as applicable, Durkin Computing's computer
software and computer software documentation are licensed to United States Government
end users with only those rights as granted to all other end users, according to
the terms and conditions contained in this license agreement.
6. Export Regulation:
Export, re-export of this Software is governed by the laws and regulations
of the United States and import laws and regulations of certain other countries
Export or re-export of Software to any entity on the Denied Parties List and other
lists promulgated by various agencies of the United States Federal Government is
7. Personal Data:
While using our Service, we may ask you to provide us with certain personally identifiable
information that can be used to contact or identify you ("Personal Data"). Personally,
identifiable information may include, but is not limited to:
First name and last name
We may use your Personal Data to contact you with newsletters, marketing or promotional
materials and other information that may be of interest to you. You may opt out of receiving any,
or all, of these communications from us by following the unsubscribe link or the
instructions provided in any email we send.
This Agreement will be governed by the laws of the State of New Jersey, United States
of America. This Agreement and any related License Module is the entire agreement
between You and Durkin Computing relating to the Software and: (i) supersedes all
prior or contemporaneous oral or written communications, proposals and representations
with respect to its subject matter; and (ii) prevails over any conflicting or additional
terms of any quote, order, acknowledgment or similar communications between the
parties. This Agreement shall terminate upon your breach of any term contained herein
and you shall cease use of and destroy all copies of the Software. The disclaimers
of warranties and damages and limitations on liability shall survive termination.
This Agreement may only be modified by a License Module which accompanies this license
or by a written document which has been signed by both you and Durkin Computing.
Should you have any questions concerning this Agreement, or if you desire to contact
Durkin Computing for any reason, please write to: Durkin Computing Customer Service,
88 E. Shore Road, Denville NJ 07834, U.S.A.,