Analyzer Assistant 3.3.66

EULA - End User License Agreement

End-User License Agreement for Analyzer Assistant 3.3

IMPORTANT-READ CAREFULLY: This Analyzer Assistant End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and The Erin Thomas ("JRG") for the SOFTWARE identified above ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, 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.

1 DEFINITIONS

Commercial entity is defined as (1) any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors, and (2) all government entities.

Non-commercial entity is defined as any individual (while not working for a commercial entity), educational institution, charity, or non-profit humanitarian organization.

Licensed version means a version of Analyzer Assistant that has been licensed for use by a commercial entity. Licensed version is not free and you are not allowed to distribute it in any way.

Unlicensed version means the free version of Analyzer Assistant that can only be used by a non-commercial entity. The one and only exception is during the evaluation period in which the SOFTWARE may also be used by a commercial entity.

License means the license you own. If you haven not purchased a license (i.e. the licensed version) you are bound by the restrictions of the unlicensed version.

License agreement means this document. This license agreement is a legal agreement between you (individual or a legal entity) and JRG.

2 GRANT OF LICENSE

The SOFTWARE is licensed, not sold. The license is good for one year.

2.1 Evaluation

A commercial entity may use the SOFTWARE without charge for ninety (90) days from the day it is installed. As a commercial user, you must pay the license fee and register the SOFTWARE after the ninety (90) day evaluation period to continue its use. To pay the license fee and register your copy, email sales@analyzerassistant.com, or visit for current sales contact information.

2.2 Unlicensed version

Allows you to use Analyzer Assistant on an unlimited number of computers.

2.3 Licensed version

When you purchase a license you will be provided with a license. The licensed SOFTWARE may be used by the number of users indicated in your license and on our invoice. If the SOFTWARE is installed on a terminal/network server or other storage device, you must purchase a license for each user who uses the SOFTWARE. A license for the SOFTWARE may not be shared by alternating use of the SOFTWARE between different users.

Each user that a license has been purchased for can install and use one copy of the SOFTWARE on his or her computer. Copies of the SOFTWARE may be made for back-up or archival purposes. Otherwise, the SOFTWARE may not be copied in whole or in part.
You may permanently transfer all of your rights under your license, provided you transfer all copies of the SOFTWARE, license key, and invoice to the recipient and the recipient agrees to the terms of this license.

2.5 Types of license

There are 4 basic types of licenses issued for Analyzer Assistant, these are:

2.5.1 SINGLE user license

The user purchases a single license for the use of Analyzer Assistant by a single user.

2.5.2 MULTIPLE user license

The user purchases a single license for the use of Analyzer Assistant by the purchaser, the purchaser's employees, or accredited agents. The license can be used by the number of users the license is issued to.

2.5.3 SITE license

The user purchases a single license authorizing the use of Analyzer Assistant by the purchaser, the purchaser's employees, or accredited agents on an unlimited number of computers at the same physical SITE location. Depending on the license, the SITE location may be defined as a single building, or a number of buildings within the same general, geographical location, such as an industrial estate or small town. This will be defined in the SITE license.

2.5.4 CORPORATE, NATIONAL or INTERNATIONAL license

The user purchases a single license authorizing the use of Analyzer Assistant by the purchaser, the purchaser's employees, or accredited agents on an unlimited number of computers, regardless of location, that are directly owned and under the control of the purchaser.

3 DISTRIBUTION

You are hereby authorized to make copies of the unlicensed SOFTWARE as you wish; give exact copies of the original unlicensed SOFTWARE to anyone; and distribute the unlicensed SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the unlicensed SOFTWARE itself. Your distribution of the unlicensed SOFTWARE will not entitle you to any compensation from JRG. You must distribute a copy of this EULA with any copy of the unlicensed SOFTWARE, and anyone to whom you distribute the SOFTWARE is subject to this EULA.

4 RESTRICTIONS

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. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

5 SUPPORT SERVICES

JRG may provide you with support services related to the SOFTWARE. Use of Support Services is governed by JRG policies and programs described in the user manual, in online documentation, and/or other materials provided by JRG, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and be subject to the terms and conditions of this EULA. With respect to technical information you provide to JRG as part of the Support Services, JRG may use such information for its business purposes, including for product support and development. JRG will not utilize such technical information in a form that personally identifies you.

6 TERMINATION

Without prejudice to any other rights, JRG 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.

7 COPYRIGHT

The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of JRG and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

8 NO WARRANTIES

JRG EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

9 LIMITATION OF LIABILITY

IN NO EVENT SHALL JRG OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF JRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, JRG'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

10 MISCELLANEOUS

Should you have any questions concerning this EULA, or if you desire to contact JRG for any reason, please contact by electronic mail at: sales@analyzerassistant.com.