This copy of MSEA Graphic Binder and MSEA Validator ("the
Software Product") and accompanying documentation is licensed and not
sold. This Software Product is protected by copyright laws and treaties,
as well as laws and treaties related to other forms of intellectual
property. Streamside Solutions, LLC or its subsidiaries, affiliates, and
suppliers (collectively "Streamside") own intellectual property rights in the
Software Product. The Licensee's ("you" or "your") license to download,
use, copy, or change the Software Product is subject to these rights and to all
the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
YOU
ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING,
USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
PRODUCT.
License
Grant
This Agreement entitles you to install and use one copy
of the Software Product. In addition, you may make one archival copy of
the Software Product. The archival copy must be on a storage medium other
than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of
multiple copies of the Software Product, or the installation of the Software
Product on more than one computer at any given time, on a system that allows
shared used of applications, on a multi-user network, or on any configuration or
system of computers that allows multiple users. Multiple copy use or
installation is only allowed if you obtain an appropriate licensing agreement
for each user and each copy of the Software Product. For further
information regarding multiple copy licensing of the Software Product, please
contact:
Representative:
Brian
Russell
Address:
PO Box
1576
Estes Park, CO 80517
Phone
Number: (970) 586-2419
E-mail
Address:
support@streamsidesolutions.com
Terms of
Use
This Software Product is activated over the internet and
requires an active internet connection during the period of use. Upon
payment for a subscription period, the Software Product will be fully functional
during the subscription period. At the end of the subscription period, the
product will become non-functional after a 5 day grace period until a new
subscription period is paid for.
This product can be used in
offline mode for up to 10 days from the first use while not connected to the
internet. After 10 days in offline mode, the Software Product will become
non-functional until an internet connection is reestablished.
The
Software Product can be activated on as many PC’s as subscription licenses
purchased for a particular account. You may deactivate the Software
Product on any computer at any time and activate another license on a different
machine.
Unused client licenses for a particular subscription
period will not be credited.
Restrictions on
Transfer
Without first obtaining the express written consent
of Streamside, you may not assign your rights and obligations under this
Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer your rights to the Software Product.
Restrictions on
Use
You may not use, copy, or install the Software Product on
any system with more than one computer, or permit the use, copying, or
installation of the Software Product by more than one user or on more than one
computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of
computers permitted by license, or permit the use, copying, or installation by
more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or
otherwise attempt to derive the source code for the Software Product.
Restrictions on
Alteration
You may not modify the Software Product or create
any derivative work of the Software Product or its accompanying
documentation. Derivative works include but are not limited to
translations. You may not alter any files or libraries in any portion of
the Software Product.
Restrictions on
Copying
You may not copy any part of the Software Product
except to the extent that licensed use inherently demands the creation of a
temporary copy stored in computer memory and not permanently affixed on storage
medium. You may make one archival copy which must be stored on a medium
other than a computer hard drive.
Limited Software
Product Warranty
For a period of 90 days from the date of
shipment or from the date that you download the Software Product, as applicable,
Streamside warrants that when properly installed and used under normal
conditions, the Software Product will perform substantially as advertised.
Disclaimer of
Warranties and Limitation of Liability
UNLESS OTHERWISE
EXPLICITLY AGREED TO IN WRITING BY STREAMSIDE, STREAMSIDE MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY
DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Streamside
makes no warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. Streamside makes no
warranty that operation of the Software Product will be secure, error free, or
free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT
SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY.
YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. STREAMSIDE WILL
NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON
ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO
CIRCUMSTANCES SHALL STREAMSIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES
OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE
FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER
DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF STREAMSIDE
OR ANY OTHER PARTY, EVEN IF STREAMSIDE IS ADVISED BEFOREHAND OF THE POSSIBILITY
OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS
STREAMSIDE'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL
BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of
Remedies and Damages
Your remedy for a breach of this
Agreement or of any warranty included in this Agreement is the correction or
replacement of the Software Product. Selection of whether to correct or
replace shall be solely at the discretion of Streamside. Streamside
reserves the right to substitute a functionally equivalent copy of the Software
Product as a replacement. If Streamside is unable to provide a replacement
or substitute Software Product or corrections to the Software Product, your sole
alternate remedy shall be a refund of the purchase price for the Software
Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty
period. All warranties cover only defects arising under normal use and do
not include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual temperatures
or humidity, improper installation, or damage determined by Streamside to have
been caused by you. All limited warranties on the Software Product are
granted only to you and are non-transferable. You agree to indemnify and
hold Streamside harmless from all claims, judgments, liabilities, expenses, or
costs arising from your breach of this Agreement and/or acts or
omissions.
Governing Law,
Jurisdiction and Costs
This Agreement is governed by the laws
of Colorado, without regard to Colorado's conflict or choice of law
provisions.
Severability
If
any provision of this Agreement shall be held to be invalid or unenforceable,
the remainder of this Agreement shall remain in full force and effect. To
the extent any express or implied restrictions are not permitted by applicable
laws, these express or implied restrictions shall remain in force and effect to
the maximum extent permitted by such applicable laws.