EULA - Free software
LYQUIDITY SOFTWARE Limited End-User License Agreement (EULA) for Spreadsheet Usage Monitor utilty software
This is a legal agreement between you (an individual or an entity), the end-user, and LYQUIDITY SOFTWARE. By running the software, you agree to the terms and conditions set forth below. If you do not agree to the terms of this Agreement, promptly discontinue the installation or use of this software product.
License
The Software product though free is licensed you are not granted any rights to the software and your license may be revoked if your obligations, described below, are breached.
1. Grant of License.
This EULA permits you to use the LYQUIDITY SOFTWARE software product ("Software") on any computer. The software MUST be installed from the published location from the Lyquidity Solution web site (http://www.lyquidity.com) ("Web site").
You are entitled to record upto 100,000 usage records. Once this limit it reached the oldest records will be deleted to accommodate new records.
2. Copyright.
The Software is owned by LYQUIDITY SOFTWARE and is protected by United Kingdom and European Union copyright laws and international treaty provisions. Therefore you must treat the Software like any other copyrighted material (e.g., a book or musical recording).
Because you are able to install the software at no cost and at any time from the Web site no permission is granted to make copies of the software or any way distribute the software.
You may not copy written materials accompanying the Software without the prior written agreement of LYQUIDITY SOFTWARE Limited
3. Description of other Rights, Restrictions and Limitations.
This License is your proof of license to exercise the rights, granted herein and must be retained by you. You may not rent or lease the Software and you may not transfer your rights under this license.
You may not 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 modify the software in any way that would allow you or someone else to allow the software to be installed from some other location than the Web site.
4. Ability to install
You agree that you are responsible for any changes required to your machine or browser in order to install the Software. For example, but not limited to, changing the security settings of your browser to permit the software to be installed.
5. Pre-release code
The Software may contain PRERELEASE CODE that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the Software may not operate correctly and may be substantially modified prior to first commercial shipment. LYQUIDITY SOFTWARE is not obligated to make this or any later version of the Software commercially available.
When installing pre-release code YOU AGREE THAT THE PRE-RELEASE VERSION OF THE SOFTWARE AND INFORMATION ABOUT THE PRE-LEASE SOFTWARE, ITS FEATURES AND CAPABILITIES IS CONFIDENTIAL TO LYQUIDITY SOFTWARE LIMITED AND WILL NOT BE DISCLOSED TO THIRD PARTIES BY YOU OR, IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ORGANISATION, YOUR ORGANISATION, save to the extent that information is already in the public domain, without written agreement from Lyquidity Software Limited.
6. "As-is" Warranty.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
7. No Other Warranties.
LYQUIDITY SOFTWARE disclaims all other warranties.
No Liability for Consequential Damages.
In no event shall LYQUIDITY SOFTWARE Limited or its suppliers 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 other pecuniary loss) arising out of the use or inability to use this LYQUIDITY SOFTWARE product, even if LYQUIDITY SOFTWARE Limited has been advised of the possibility of such damages.
The utility stores usage records on the Lyquidity web site however Lyquidity accepts no liability for the loss of these records and does not warrant that they will always be available or provide any indemnity in the case of their loss.
8. General Provision
Licensee shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by Licensee of this Agreement, she/he shall be liable for all damages to LYQUIDITY SOFTWARE Limited, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.
U.S. Government Restricted Rights
The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c) (1), (2) and (3) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19 as applicable.
Contractor/manufacturer is LYQUIDITY SOFTWARE Limited, PO Box 504, Lynton Road, New Malden, Surrey, KT3 9FP, UK.
The laws of the England and Wales govern this agreement. For more information about LYQUIDITY SOFTWARE's licensing policies, please call LYQUIDITY SOFTWARE Customer Service at +44 207.043.2777 or write to:
LYQUIDITY SOFTWARE Limited
Customer Service
PO Box 504
New Malden
Surrey KT3 9FP
UK.