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End-User License Agreement for Vertical Relief Enterprises, Inc. Software.

 

IMPORTANT-READ CAREFULLY: This End-User Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Vertical Relief Enterprises, Inc. (“VRE”), defining the terms under which the Software Product distributed with this agreement may be used, reproduced, and transferred.  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, you may not use the Software Product.

 

SOFTWARE PRODUCT LICENSE

 

Software Product is defined as the VRE computer program distributed with this EULA, including components, documentation, updates and service releases.  Specifically, the Software Product comprises a server component, RockBiz™ Server Manager, and a suite of client components: RockBiz™POS, RockBiz™BackOffice, RockBiz™Products, RockBiz™Calendar, RockBiz™Marketing, RockBiz™Facility, and associated libraries and reporting components.  In addition, VRE is distributing one or more components under license from its suppliers, such components being considered integral to the operation of the Software Product, and such components being part of the Software Product.

 

  1. GRANT OF LICENSE.  This EULA grants you the following rights:
    1. Single-Workstation Version:  You are granted a limited, non-exclusive license to install and use one copy of the enclosed Software Product on a single computer.
    2. Multi-Workstation version:  You are granted a limited, non-exclusive license install and use copies of the enclosed Software Product on up to five computers in use by a single business entity, and provided that all installed copies are configured to utilize a common business database.
  2. OTHER RIGHTS AND LIMITATIONS
    1. Support services.  No support is provided with this EULA. VRE may, at its sole discretion, provide you with support services, including setup, training and disaster recovery, under terms outlined separately. Any supplemental software code provided to you as part of the support services shall be considered part of the Software Product
    2. Limitations on Reverse Engineering, Decompilation, and Disassembly.  You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that applicable law expressly permits such activity.
    3. Rental: You may not lease, rent or lend the Software Product
    4. Transfer: You may permanently transfer your rights under this EULA, providing that you retain no copies of the Software Product, upgrades or media, that you transfer the Software Product in its entirety to the recipient, including this EULA, and providing that the recipient of such transfer agrees to the terms of this EULA.
  3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Vertical Relief Enterprises, Inc (VRE).
  4. TERMINATION:  Without prejudice to other rights, this EULA may be terminated by VRE at any time if you fail to adhere to any term or condition herein.  In the event of such termination, all copies of Software Product and associated media or documentation must be destroyed or returned to VRE.
  5. COPYRIGHT. All title and copyrights in and to the Software Product (including by not limited to any images, photographs, animations, video, music, text, and ‘applets” incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by VRE or its suppliers.  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 the printed materials accompanying the Software Product.
  6. U.S. GOVERNMENT LICENSE RIGHTS. All Software 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 Software 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.
  7. ADDITIONAL SOFTWARE/SERVICES.  This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that VRE may provide to you or make available to you after the date you obtain your initial copy of the Software, unless VRE provides other terms along with the update, supplement, add-on component, or Internet-based services component.  VRE reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. 
  8. EXPORT RESTRICTIONS.  You acknowledge that the Software is subject to U.S. export jurisdiction.  You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.  
  9. DISCLAIMER OF WARRANTIES.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VRE AND ITS SUPPLIERS PROVIDE TO YOU THE  SOFTWARE, AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS; AND VRE AND ITS SUPPLIERS 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. 
  10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VRE 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, 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 VRE OR ANY SUPPLIER, AND EVEN IF VRE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  11. 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 IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF VRE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING 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 U.S.$5.00.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  12. APPLICABLE LAW.  If you acquired this Software in the United States, this EULA is governed by the laws of the State of Arizona.  If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies.  If you acquired this Software in any other country, then local law may apply.
  13. ENTIRE AGREEMENT; SEVERABILITY.  This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and VRE 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 VRE 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.

 

 

 

 

 

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Copyright © 2003 Vertical Relief Enterprises, Inc.
Last modified: April 13, 2007