ENSOFT, INC.
3003 West Howard Lane Tel. 512-244-6464
Austin, Texas 78728 Fax 512-244-6067
[email protected]PROGRAM LICENSE AGREEMENT & DISCLAIMER
IMPORTANT NOTICE: This License Agreement & Disclaimer ("LICENSE") is a legal agreement between you
(“USER”) – either an individual or a single entity– and Ensoft Incorporated (ENSOFT) for the ENSOFT product
(“PRODUCT”) identified on the current installation screen. The PRODUCT collectively includes computer
software and associated media, printed materials, hardware key (dongle), and electronic documentation. The
PRODUCT also includes any updates and supplements to the original PRODUCT that may have been produced by
ENSOFT. By installing, copying, downloading, accessing or otherwise using the PRODUCT, the USER agrees to
be bound by the terms of this LICENSE. If you (the USER) do not agree to the terms of this LICENSE, do not
install or use the PRODUCT.
SOFTWARE LICENSE & DISCLAIMER
The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. The PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This LICENSE grants you the following rights:
1.1 INSTALLATION AND USE
1.1.1 Single-User Licenses
This software is licensed only to the USER (company or individual) whose name is registered with ENSOFT and for
one specific physical site (“SITE”) registered with ENSOFT. You may install and use the PRODUCT on any
number of computers at the licensed SITE. However, the PRODUCT is fully operational only in the SITE computer
that carries the appropriate PRODUCT’s hardware key (“KEY”) that is used as software protection device.
1.1.2 Network Licenses
This software is licensed only to the USER (company or individual) whose name is registered with ENSOFT and for
the specific physical site(s) (“SITE(S)”) and IP range registered with ENSOFT. Each network seat that is purchased
is provided with access for SITE(S) clients located within up to 2 subnets with unique third octets (“CLIENT
SUBNETS”). The minimum two-seat network license can be associated to a maximum of 4 CLIENT SUBNETS
(within up to 4 unique third octets). Purchase of additional network seats can extend the allowable range of
CLIENT SUBNETS.
The USER may install and use the PRODUCT on any computer in the licensed SITE(S) that is within the allowable
CLIENT SUBNETS registered with ENSOFT. Any one computer in the network can be designated as license
server for the PRODUCT by carrying the appropriate PRODUCT’s hardware key (“KEY”) that is used as software
protection device.
This Network License strictly prohibits the PRODUCT to be used in or from computers located in office locations
that are different than the licensed SITE(S) or outside the registered CLIENT SUBNETS. Users in physical office
locations other than the registered SITE(S) with ENSOFT are required to purchase additional licenses of the
PRODUCT, even if the COMPANY is the same and/or if the additional offices are located in the same city.
2. OTHER RIGHTS AND LIMITATIONS
2.1 EDUCATIONAL VERSION
If the PRODUCT was licensed with educational discounts, the use of the PRODUCT is strictly limited to academic
or research activities of educators and/or students. Any other usage voids all the rights under this LICENSE. If in
doubt, please contact ENSOFT to determine if you have a PRODUCT version that was licensed for educational
purposes.
Ensoft’s Program License Agreement & Disclaimer Page 1 of 3
ENSOFT, INC.
3003 West Howard Lane Tel. 512-244-6464
Austin, Texas 78728 Fax 512-244-6067
[email protected]2.2 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation.
2.3 RENTAL
You may not rent, lease or lend the PRODUCT to third parties.
2.4 TRADEMARKS
This LICENSE does not grant you any rights in connection with any trademarks or service marks of ENSOFT.
2.5 SUPPORT SERVICES
ENSOFT shall provide you with limited support and maintenance services (“SUPPORT”) related to the PRODUCT
during the initial year after purchase and for any additional SUPPORT term that the COMPANY elects to purchase
for PRODUCT after the initial warranty period expires.
Use of SUPPORT is limited to the ENSOFT policies and programs described in the PRODUCT’s User’s Manual, in
documentation on the ENSOFT web site, and/or in other materials provided by ENSOFT.
Any supplemental software code that may be provided to you as part of the SUPPORT or that is downloaded from
the ENSOFT web site shall be considered part of the PRODUCT and subject to the terms and conditions of this
LICENSE. With respect to technical information you provide to ENSOFT as part of the SUPPORT, ENSOFT may
use such information for its business purposes, including for product support, development or advertisements.
However, ENSOFT will not utilize such technical information in a form that personally identifies the USER.
2.6 SOFTWARE TRANSFER
The initial user of the PRODUCT may make a permanent transfer of this LICENSE and PRODUCT and only
directly to an end user. This transfer must include all of the PRODUCT (including all component parts, the media
and printed materials, any upgrades, this LICENSE, and the PRODUCT’s appropriate hardware KEY). Such
transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer
must agree to comply with the terms of this LICENSE, including the obligation not to further transfer this LICENSE
and PRODUCT.
2.7 TERMINATION
Without prejudice to any other rights, ENSOFT may terminate this LICENSE if you fail to comply with the terms
and conditions of this LICENSE. In such event, you must destroy all copies of the PRODUCT and all of its
component parts.
2.8 CONFIDENTIAL INFORMATION
ENSOFT and the USER may have access to certain proprietary information and materials of the other that are
confidential and of substantial value to the respective party, which value would be impaired if such information
were disclosed to third parties ("CONFIDENTIAL INFORMATION"). ENSOFT and the USER agree that neither
shall disclose any CONFIDENTIAL INFORMATION to any third party and shall take every reasonable precaution
to protect CONFIDENTIAL INFORMATION.
The provisions of this section shall not apply to any information which (i) is or becomes available to the public other
than by breach of the LICENSE agreement by the receiving party, (ii) is rightfully received by receiving party from
a third party without confidential limitations, (iii) is independently developed by receiving party's employees
without access to CONFIDENTIAL INFORMATION, or (iv) is known to the receiving party without any restriction
on its use or disclosure prior to first receipt of it from the disclosing party.
3. COPYRIGHT
All title and intellectual property rights in and to the PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, and text that may be incorporated into the PRODUCT), the
accompanying printed materials, and any copies of the PRODUCT are owned by ENSOFT. All title and intellectual
Ensoft’s Program License Agreement & Disclaimer Page 2 of 3
ENSOFT, INC.
3003 West Howard Lane Tel. 512-244-6464
Austin, Texas 78728 Fax 512-244-6067
[email protected]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 may be protected by applicable copyright or other intellectual property laws and
treaties. This LICENSE grants you no rights to use such content. All rights not expressly granted are reserved by
ENSOFT. This PRODUCT is protected by the United States Copyright Law and International Copyright Treaty.
4. SOFTWARE DISCLAIMER
Although the PRODUCT has been used with apparent success in many analyses, new information is developed
continuously and new or updated PRODUCT releases may be written from time to time. All users are requested to
inform ENSOFT immediately if any errors are found in the PRODUCT. As modifications, updates, or new versions
are produced, the latest codes are posted on ENSOFT’s web site and made available to all visitors for free
downloading.
No warranty, expressed or implied, is offered as to the accuracy of results from ENSOFT’s PRODUCT. The
PRODUCT should not be used for design unless caution is exercised in interpreting the results and independent
calculations are available to verify the general correctness of the results. Users are assumed to be knowledgeable of
the information in the printed documentation that is distributed with the digital media. Users are assumed to
recognize that the input parameters, eg., soil properties, increment length, tolerance on solution convergence, and
many others, can have a significant effect on the solution and must be chosen carefully. Users should have a
thorough understanding of the relevant theoretical criteria (appropriate references are suggested in the software
documentation).
5. GOVERNING LAW
This LICENSE is governed by the laws of the State of Texas.
6. CONTACT INFORMATION
Should you have any questions concerning this LICENSE or if you desire to contact ENSOFT for any reason, please
use the following:
Ensoft Incorporated
3003 West Howard Lane
Austin, Texas 78728
United States of America
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENSOFT DISCLAIMS ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT, AND THE
PROVISION OF SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENSOFT BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE
TO PROVIDE SUPPORT, EVEN IF ENSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, ENSOFT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU
FOR THE PRODUCT OR U.S.$1.00.
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