Statscorer1.3

EULA - End User License Agreement

NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS THE CONTRACT BETWEEN YOU AND BOBENCO SOLUTIONS (THE COMPANY). THIS AGREEMENT CONTAINS LIABILITY DISCLAIMERS AND LIMITATIONS. THE INSTALLATION AND USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL NOR USE STATSCORER (THE SOFTWARE).

This End User License Agreement (EULA), which applies worldwide, accompanies a BOBENCO SOLUTIONS software product ("Software") and related explanatory materials ("Documentation"). The term "Software" also includes any upgrades, modified versions, updates, additions and copies of the Software licensed to you by BOBENCO SOLUTIONS.

BOBENCO SOLUTIONS SOFTWARE LICENSE

1. GRANT OF LICENSE

This EULA permits you to use one copy of the purchased version of the SOFTWARE on any single computer or in a single network, if your SOFTWARE is designated as a network version, provided it is in use on only one computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses.

2. COPYRIGHT

Ownership rights and intellectual property rights in and to the Software and the Documentation shall at all times remain with BOBENCO SOLUTIONS. All rights not specifically granted by this License, are reserved by BOBENCO SOLUTIONS. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may
(a) make one copy of the SOFTWARE solely for backup or archival purposes, or
(b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
For the duration of the intellectual property right, this software and its documentation are protected under the french rules as well as international conventions.

3. OTHER RESTRICTIONS

This LICENSE is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent nor lease the SOFTWARE, but you may transfer your rights under this LICENSE on a permanent basis provided you transfer this License Agreement, the SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. Any transfer of the SOFTWARE must include the most recent update and all prior versions in your possession.

4. TRIAL

If this license is granted on a trial basis, you are hereby notified that license management software may be included to automatically cause the Software to cease functioning at the end of the trial period.

5. TERMINATION

You may terminate this Agreement by discontinuing use of the Software, removing all copies from your computers and storage media. BOBENCO SOLUTIONS may terminate this Agreement if you fail to comply with all of its terms, in which case you agree to discontinue using the Software, remove all copies from your computers and storage media.

6. LIMITATION OF REMEDIES

THE COMPANY MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR THAT THE SOFTWARE OR DOCUMENTATION IS NON-INFRINGING. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL CONFORM EXACTLY TO THE DOCUMENTATION, OR THAT THE COMPANY WILL CORRECT ALL PROGRAM ERRORS. THE COMPANYS SOLE LIABILITY AND RESPONSIBILITY FOR BREACH OF WARRANTY RELATING TO THE SOFTWARE OR DOCUMENTATION SHALL BE LIMITED, AT THE COMPANY'S SOLE OPTION, TO
(1) CORRECTION OF ANY ERROR IDENTIFIED TO THE COMPANY IN A WRITING FROM YOU IN A SUBSEQUENT RELEASE OF THE SOFTWARE, WHICH SHALL BE SUPPLIED TO YOU FREE OF CHARGE,
(2) ACCEPTING A RETURN OF THE PRODUCT, AND REFUNDING THE PURCHASE PRICE UPON RETURN OF THE PRODUCT AND REMOVAL OF ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTERS AND STORAGE DEVICES,
(3) REPLACEMENT OF THE DEFECTIVE SOFTWARE WITH A FUNCTIONALLY EQUIVALENT PROGRAM AT NO CHARGE TO YOU, OR
(4) PROVIDING A REASONABLE WORK AROUND WITHIN A REASONABLE TIME.

7. LIMITATION OF LIABILITY

THE SOFTWARE IS DISTRIBUTED AS IS. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS 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 OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE COMPANY UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE, SHALL NOT EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE PRODUCT.
CONSULT YOUR STATE LAWS REGARDING QUESTIONS OF EXCLUSION OR LIMITATION OF LIABILITY IN YOUR AREA.
ANY DISPUTE OCCURING BETWEEN YOU (END USER) AND THE COMPANY SHALL BE RESOLVED BY A FRENCH COMPETENT COURT.