End User License Agreement for Evidence Scribe
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and Idoneum for
the Idoneum software that accompanies this EULA, which includes computer software
and may include associated media, printed materials, "online" or electronic documentation,
and Internet-based services ("Software"). An amendment or addendum to this EULA
may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY,
OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND,
IF APPLICABLE.
1. GRANT OF LICENSE. Idoneum grants you the following rights provided that you comply
with all terms and conditions of this EULA:
1.1 Non-commercial. You may use this copy of Evidence Scribe only for non-profit, non-commercial
purposes. Briefs created with Evidence Scribe
may not
be sold to any other entity.
1.2. Support. Idoneum will provide support for Evidence Scribe for the
current debate season (June of this year to June of the next). Support may be provided
but cannot be guaranteed beyond that time period.
1.3 Installation and use. You may install, use, access,
display and
run one copy of the Software on a single computer, such as a workstation, terminal
or other device ("Workstation Computer"). The
Software may not be used by more than one processor at any one time on any single
Workstation Computer. You may deactivate and transfer the Software to a different
computer three times. Further transfers of the Software will be subject to the approval
of Idoneum.
1.4 Mandatory Activation. The license rights granted under
this EULA upon the condition that you activate your licensed copy of the Software
in the manner described during the setup sequence of the Software. You may also
need to reactivate the Software if you modify your computer hardware or alter the
Software. There are technological measures in this Software that are designed to
prevent unlicensed use of the Software. Idoneum will use those measures to confirm
you have a legally licensed copy of the Software. If you are not using a licensed
copy of the Software, you are not allowed to install the Software or future Software
updates. Idoneum will not collect any personally identifiable information from your
Workstation Computer during this process.
1.5 Storage/Network Use. You may also store or install a copy of the Software on
a storage device, such as a network server, used only to install or run the Software
on your other Workstation Computers over an internal network; however, you must
acquire and dedicate an additional license for each separate Workstation Computer
on or from which the Software is installed, used, accessed, displayed or run. A
license for the Software may not be shared or used concurrently on different Workstation
Computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.3 Internet-Based Services Components. The Software contains components that enable
and facilitate the use of certain Internet-based services. You acknowledge and agree
that Idoneum may automatically check the version of the Software and/or its components
that you are utilizing and may provide upgrades or fixes to the Software that may
be automatically downloaded to your Workstation Computer.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Idoneum reserves all rights not expressly
granted to you in this EULA. The Software is protected by copyright and other intellectual
property laws and treaties. Idoneum or its suppliers own the title, copyright, and
other intellectual property rights in the Software. The Software is licensed, not
sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not
reverse engineer, decompile, or disassemble the Software, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial
hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Idoneum and its affiliates may collect
and use technical information gathered as part of the product support services provided
to you, if any, related to the Software. Idoneum may use this information solely
to improve our products or to provide customized services or technologies to you
and will not disclose this information in a form that personally identifies you.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on
components, or Internet-based services components, of the Software that Idoneum
may provide to you or make available to you after the date you obtain your initial
copy of the Software, unless we provide other terms along with the update, supplement,
add-on component, or Internet-based services component. Idoneum reserves the right
to discontinue any Internet-based services provided to you or made available to
you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed
for the software identified by Idoneum as eligible for the upgrade. After upgrading,
you may no longer use the software that formed the basis for your upgrade eligibility.
10. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR," may
not be sold or otherwise transferred for value.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to
13. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation
Computer three times. If you exceed this limit, you may send a message to Idoneum
requesting further activations. After the transfer, you must completely remove the
Software from the former Workstation Computer. Transfer to Third Party. The initial
user of the Software may make a one-time permanent transfer of this EULA and Software
to another end user, provided the initial user retains no copies of the Software.
This transfer must include all of the Software (including all component parts, the
media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate
of Authenticity). The transfer may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the Software must agree to all the
EULA terms.
14. TERMINATION. Without prejudice to any other rights, Idoneum 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 and all of its component parts.
15. SUPPORT. Idoneum will provide support for Evidence Scribe for the current debate
season (June of this year to June of the next). Support may be provided but cannot
be guaranteed beyond that time period.
16. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy
for any breach of this Limited Warranty is as set forth below. Except for any refund
elected by Idoneum, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES, if the Software does not meet Idoneum's Limited Warranty,
and, to the maximum extent allowed by applicable law, even if any remedy fails of
its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential
and Certain Other Damages") are also incorporated into this Limited Warranty. Some
states /jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty gives you specific legal rights. You may have other rights
which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY.
Idoneum's and its suppliers' entire liability and your exclusive remedy for any
breach of this Limited Warranty or for any other breach of this EULA or for any
other liability relating to the Software shall be, at Idoneum's option from time
to time exercised subject to applicable law, (a) return of the amount paid (if any)
for the Software, or (b) repair or replacement of the Software, that does not meet
this Limited Warranty and that is returned to Idoneum with a copy of your receipt.
You will receive the remedy elected by Idoneum without charge, except that you are
responsible for any expenses you may incur (e.g. cost of shipping the Software to
Idoneum). This Limited Warranty is void if failure of the Software has resulted
from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software
will be warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer, and Idoneum will use commercially reasonable efforts
to provide your remedy within a commercially reasonable time of your compliance
with Idoneum's warranty remedy procedures. Outside the
17. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only
express warranty made to you and is provided in lieu of any other express warranties
or similar obligations (if any) created by any advertising, documentation, packaging,
or other communications. Except for the Limited Warranty and to the maximum extent
permitted by applicable law, Idoneum and its suppliers provide the Software and
support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, whether express, implied or statutory, including, but
not limited to, any (if any) implied warranties, duties or conditions of merchantability,
of fitness for a particular purpose, of reliability or availability, of accuracy
or completeness of responses, of results, of workmanlike effort, of lack of viruses,
and of lack of negligence, all with regard to the Software, and the provision of
or failure to provide support or other services, information, software, and related
content through the Software or otherwise arising out of the use of the Software.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDONEUM OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, 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 SOFTWARE, THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED
CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE,
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF IDONEUM OR ANY SUPPLIER, AND EVEN IF
IDONEUM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might
incur for any reason whatsoever (including, without limitation, all damages referenced
herein and all direct or general damages in contract or anything else), the entire
liability of Idoneum and any of its suppliers under any provision of this EULA and
your exclusive remedy hereunder (except for any remedy of repair or replacement
elected by Idoneum with respect to any breach of the Limited Warranty) shall be
limited to the greater of the actual damages you incur in reasonable reliance on
the Software up to the amount actually paid by you for the Software or US$5.00.
The foregoing limitations, exclusions and disclaimers (including Sections 15, 16
and 17) shall apply to the maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
20. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment
to this EULA which is included with the Software) is the entire agreement between
you and Idoneum relating to the Software and the support services (if any) and they
supersede all prior or contemporaneous oral or written communications, proposals
and representations with respect to the Software or any other subject matter covered
by this EULA. To the extent the terms of any Idoneum policies or programs for support
services conflict with the terms of this EULA, the terms of this EULA shall control.
If any provision of this EULA is held to be void, invalid, unenforceable or illegal,
the other provisions shall continue in full force and effect.
The guarantee - The Software is designed and offered as a general-purpose software,
not for any user's particular purpose. You accept that no Software is error free
and you are strongly advised to back-up your files regularly. Provided that you
have a valid license, Idoneum guarantees that a) for a period of 90 days from the
date of receipt of your license to use the Software or the shortest period permitted
by applicable law it will perform substantially in accordance with the written materials
that accompany the Software; and b) any support services provided by Idoneum shall
be substantially as described in applicable written materials provided to you by
Idoneum and Idoneum support engineers will use reasonable efforts, care and skill
to solve any problem issues. In the event that the Software fails to comply with
this guarantee, Idoneum will either (a) repair or replace the Software or (b) return
the price you paid. This guarantee is void if failure of the Software results from
accident, abuse or misapplication. Any replacement Software will be guaranteed for
the remainder of the original guarantee period or 30 days, whichever period is longer.
You agree that the above guarantee is your sole guarantee in relation to the Software
and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by applicable law
and subject to the guarantee above, Idoneum disclaims all warranties, conditions
and other terms, either express or implied (whether by statute, common law, collaterally
or otherwise) including but not limited to implied warranties of satisfactory quality
and fitness for particular purpose with respect to the Software and the written
materials that accompany the Software. Any implied warranties that cannot be excluded
are limited to 90 days or to the shortest period permitted by applicable law, whichever
is greater.
Limitation of Liability - To the maximum extent permitted by applicable law and
except as provided in the Idoneum Guarantee, Idoneum and its suppliers shall not
be liable for any damages whatsoever (including without limitation, damages for
loss of business profits, business interruption, loss of business information or
other pecuniary loss) arising out of the use or inability to use the Software, even
if Idoneum has been advised of the possibility of such damages. In any case Idoneum's
entire liability under any provision of this Agreement shall be limited to the amount
actually paid by you for the Software. These limitations do not apply to any liabilities
that cannot be excluded or limited by applicable laws.
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