END-USER LICENSE AGREEMENT for BatchPatch, Copyright © 2011-2017, Cocobolo Software, LLC. All rights reserved.
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE SELECTING “AGREE” to accept the terms of this agreement. By selecting “AGREE”, you are consenting to be bound by all the terms of the agreement. If you are not willing to be bound by this agreement, select “DECLINE.” Your use of the software indicates your assent to be bound by the terms and conditions of this agreement.
This End-User License Agreement (“EULA”) is a legal agreement between you (“LICENSEE”) and Cocobolo Software, LLC for the software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the SOFTWARE PRODUCT between you and Cocobolo Software, LLC, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE: This is not free software. Subject to the terms below, you are hereby licensed by Cocobolo Software, LLC to use one copy of the SOFTWARE PRODUCT on one computer in the limited evaluation version for the purposes of evaluating the SOFTWARE PRODUCT at no charge. However, if you wish to have access to any additional features or functionality of the SOFTWARE PRODUCT that are not provided in the evaluation version, or if you wish to install or run the SOFTWARE PRODUCT on more than one computer, you must purchase licenses for the SOFTWARE PRODUCT. The licensing model is per-user, which means that any individual who will use (install, access, modify) the SOFTWARE PRODUCT must be licensed. Each user for whom you have purchased a license of the SOFTWARE PRODUCT may install and use the SOFTWARE PRODUCT on as many computers as is reasonably necessary to perform his or her duties, so long as all computers are owned by the LICENSEE. A licensed USER may not use the SOFTWARE PRODUCT on computers that are not owned by the LICENSEE. Additionally, there are no “floating” Licenses. As used in this EULA, the terms USER or ADMINISTRATOR or INDIVIDUAL describe any individual associated with your organization, whether an employee or an independent contractor, who uses the SOFTWARE PRODUCT at any time. Since the licenses granted to you under this EULA are not “seats” or “floating” licenses, different USERS associated with your organization may not use or share the same licenses, even if they are using the SOFTWARE PRODUCT at different times or on the same computer. Instead, you must purchase one license for each individual who uses the SOFTWARE PRODUCT. However, when a USER leaves or otherwise ceases to be associated with your organization, you may reassign that USER’s licenses to a replacement USER, provided that you ensure that all components of the SOFTWARE PRODUCT are removed from any and all devices retained by the departing USER.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices: You may not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution: You may not distribute any copies of the SOFTWARE PRODUCT to third parties. Additionally you may not modify, copy, duplicate, reproduce, license or sublicense the SOFTWARE PRODUCT, or transfer or convey the SOFTWARE PRODUCT or any right in the SOFTWARE PRODUCT to anyone.
(c) Prohibition on Reverse Engineering, Decompilation, Disassembly, and Derivative Works. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, and you may not create derivative works based on the SOFTWARE PRODUCT.
(d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services. Cocobolo Software, LLC may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION Without prejudice to any other rights, Cocobolo Software, LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Cocobolo Software, LLC. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Cocobolo Software, LLC.
5. NO WARRANTIES Cocobolo Software, LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Cocobolo Software, LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Cocobolo Software, LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Cocobolo Software, LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY In no event shall Cocobolo Software, LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of your use of or inability to use the SOFTWARE PRODUCT, even if Cocobolo Software, LLC has been advised of the possibility of such damages. In no event will Cocobolo Software, LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Cocobolo Software, LLC shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.