END-USER LICENSE AGREEMENT FOR PARDESI SERVICES IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Pardesi Services for the Pardesi
Services software product accompanying this EULA, which includes computer
software and may include associated media, printed materials, and "online" or
electronic documentation ("Product"). By installing, copying, or otherwise
using the Product, you agree to be bound by the terms of this EULA. If you do
not agree to the terms of this EULA, do not install, copy, or use the Product.
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 Pardesi Services grants you the right to make,
use and modify the sample source code contained the Product (the "Sample Code")
for the purposes of evaluating, and testing software
product(s), and to reproduce and distribute the Sample Code, along with any
modifications thereof, provided that you agree: (a) to distribute the Sample
Code in source or object code form and only in conjunction with and as a part
of a software application product developed by you that adds significant and
primary functionality to the Sample Code; (b) to not use Pardesi Services's
name, logo, or trademarks to market your software application product; (c) to
include a valid copyright notice on your software product mentioning Pardesi Services; and (d) to
indemnify, hold harmless, and defend Pardesi Services from and against any
claims or lawsuits, including attorney's fees, that arise or result from the
use or distribution of your software application product. Documentation. Solely
with respect to the electronic documentation, you may make an unlimited number
of copies (either in hardcopy or electronic form), provided that such copies
shall be used only for internal purposes and are not republished or distributed
beyond the user's premises.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - Not For Resale Software. You
may not resell, or otherwise transfer for value, the Product. - 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. - Rental. You may not sell, rent, or lease the Product. -
Support Services. No formal technical support will be provided for the Product.
You can send your comments or questions to info@pardesiservices.com - No
Other Uses. You may not use the Product in any way other than as expressly
permitted under this EULA. - Software Transfer. You may permanently transfer
all of your rights under this EULA, provided you retain no copies, you transfer
all of the Product, and the recipient agrees to the terms of this EULA. -
Termination. Without prejudice to any other rights, Pardesi Services 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 Product and all of its
component parts.
3. COPYRIGHT. The Product is protected by copyright and other
intellectual property laws and treaties. Pardesi Services or its suppliers own
the title, copyright, and other intellectual property rights in the Product.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. All Product provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with
the commercial license rights and restrictions described elsewhere herein. All
Product provided to the U.S. Government pursuant to solicitations issued prior
to December 1, 1995 is provided with "Restricted Rights" as provided for in
FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable. This EULA is governed by the laws of the State of New Hampshire.
Should you have any questions concerning this EULA, or if you desire to contact
Pardesi Services for any reason, please write: Pardesi Services, LLC 6 Lorden
Lane, Brookline, NH 03033. DISCLAIMER OF WARRANTIES. To the maximum extent
permitted by applicable law, Pardesi Services and its suppliers provide the
Product and any (if any) support services related to the Product ("Support
Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and
conditions, either express, implied or statutory, including, but not limited
to, any (if any) implied warranties or conditions of merchantability, of
fitness for a particular purpose, of lack of viruses, of accuracy or
completeness of responses, of results, and of lack of negligence or lack of
workmanlike effort, all with regard to the Product, and the provision of or
failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY
OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF
ANY, REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. To the maximum extent permitted by applicable law, in no event shall
Pardesi Services or its suppliers be liable for any special, incidental,
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 Product, the provision of or failure to
provide Support Services, or otherwise under or in connection with any
provision of Agreement, even in the event of the fault, tort (including
negligence), strict liability, breach of contract or breach of warranty of
Pardesi Services or any supplier, and even if Pardesi Services or any supplier
has been advised of the possibility of such damages. LIMITATION OF LIABILITY
AND REMEDIES. Notwithstanding any damages that you might incur for any reason
whatsoever (including, without limitation, all damages referenced above and all
direct or general damages), the entire liability of Pardesi Services and any of
its suppliers under any provision of this Agreement and your exclusive remedy
for all of the foregoing shall be limited to the greater of the amount actually
paid by you for the Product or U.S.$0.00. The foregoing limitations, exclusions
and disclaimers shall apply to the maximum extent permitted by applicable law,
even if any remedy fails its essential purpose.
Do you accept all of the terms of the preceding License Agreement? If you
choose No, Install will close. To install you must accept this agreement.