eResource Scheduler 4.0.2

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR eResource Scheduler.

IMPORTANT-READ CAREFULLY: This eResource Scheduler End-User License Agreement ("EULA") is a legal agreement between you (either an individual, organisation or a single entity) and ENBRAUN for the eResource Scheduler software product identified above, which includes computer software and also includes associated media, printed materials, database and "online" or electronic documentation and videos ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE 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 or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

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 EULA grants you the following rights:

1.1 eResource Scheduler database. You may install and use one copy of eResource Scheduler database on a single server and only one single install on the server.

1.2 eResource Scheduler Client. You may install and run the eResource Scheduler Client Software from each licensed server install on as many machines and operating systems as you desire.

1.3 Concurrent users. Concurrent users licensing will limit the number of simultaneous users that can be connected to the database at any one point in time. The number of concurrent users will depend on the number of licenses bought by you.

1.4 Database Migration. You may migrate eResource Scheduler database from one server to another, provided that after migration, you remove the database from the first server and run the database on only one computer.

1.5 Database Backup. You may take regular backups of eResource Scheduler database for the sole purpose of restoring it in case of any event that renders the original database as unusable.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

2.1 Not for Resale Software. You may not resell, distribute (for cash or kind) or otherwise transfer for value, the SOFTWARE PRODUCT.

2.2 Reproduction and Distribution. The software may not be duplicated or copied unless written permission is taken from ENBRAUN.
2.3 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Licensor or its suppliers.
2.4 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.

2.5 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.

2.6 No rental, leasing or commercial hosting. You may not rent, lease, lend or provide hosting services to third parties with the Software without getting permission in writing from ENBRAUN.

2.7 Termination. Without prejudice to any other rights, ENBRAUN 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 and all of its component parts.
3. COPYRIGHT INTELECTUALL PROPERTY.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed, video materials and any copies of the SOFTWARE PRODUCT are owned by ENBRAUN. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy and distribute the printed, video materials accompanying the SOFTWARE PRODUCT.
4. APPLICABLE LAW.
4.1 This EULA is governed by the laws of REPUBLIC OF INDIA.
5. WARRANTY

5.1 ENBRAUN warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying / marketed written and video materials for a period of thirty (30) days from the date of activation, and (b) ENBRAUN support engineers will make commercially reasonable efforts to solve any problem / issues. AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

5.2 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENBRAUN DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFICLEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

5.3 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENBRAUN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARYLOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION FOR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ENBRAUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ENBRAUNS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6. CUSTOMER REMEDIES.

6.1 ENBRAUN's entire liability and your exclusive remedy shall be, at ENBRAUNs option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet ENBRAUNs Limited Warranty and which is returned to ENBRAUN with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Licensor 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 Licensor policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

USE OF THIS PRODUCT FOR ANY PERIOD OF TIME CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENTAND SUBJECTS YOU TO ITS CONTENTS.
8. TRADEMARK COPYRIGHT ACKNOWLEDGEMENTS.

The eResource Scheduler software, its logo, the contents of this file, and the ENBRAUN logo are trademarks of ENBRAUN. All other trademarks are property of the irrespective owners. This documentation and the eResource Scheduler software is copyright of ENBRAUN. All worldwide rights reserved.