FabulaTech End User License Agreement
IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and FabulaTech, the developer and owner of the software product ("Software") that accompanies this EULA. 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.
EVALUATION LICENSE. If you license the Software for evaluation purposes (an "Evaluation License"), your use of the Software is only permitted for a period of fifteen (15) days (unless FabulaTech specifies otherwise), and you may not use the Software with production data.
1. LICENSE GRANT
1.1 General License Grant. Subject to the terms and conditions of this EULA, FabulaTech grants you a limited, non-exclusive, non-transferable, revocable license to use the Software and the Documentation during the term of the license and in accordance with the conditions of the license, solely for your personal or internal business purposes, and subject to the provisions of the Product Documentation. The Software is licensed, not sold, to you.
1.2. Users and Third-Party Agents. Under the License granted to you in Section 1.1, you may permit your Users to use the Software, and you may permit Third-Party Agents to deploy and use the Software on your behalf for the sole purpose of delivering services to you. You will be responsible for your Users' and Third-Party Agents' compliance with this EULA.
2. USE LIMITATIONS
2.1 Permitted Use. You may use the Software for the purpose it was designed for, as described in the accompanying Documentation or on the FabulaTech website.
2.2 Trial Period. If a trial period is provided, you may use the Software only during the specified trial period. At the end of the trial period, you must either purchase a new license from FabulaTech or cease using the Software.
2.3 No Redistribution. You may not distribute, sublicense, rent, lease, lend, or otherwise transfer the Software to any third party without prior written consent from FabulaTech.
2.4 Reverse Engineering. You may not reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law.
2.5 No Modification. You may not modify, adapt, translate, or create derivative works based upon the Software without the express written permission of FabulaTech.
2.6 No Removal of Notices. You may not remove or alter any copyright, trademark, or other proprietary rights notices from the Software.
3. INTELLECTUAL PROPERTY
The Software and any accompanying Documentation are 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 FabulaTech 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.
4. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FABULATECH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FABULATECH DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
5. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FABULATECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, EVEN IF FABULATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FABULATECH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO FABULATECH FOR THE LICENSE TO USE THE SOFTWARE.
6. SUPPORT SERVICES
Support and Update subscription services for the Software (“Support Services”) are provided pursuant to the Support Services Terms and are not subject to this EULA. Support and update subscription services are included with your purchase of a license to the Software for a specified time period.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT IS INDICATED DURING INSTALLATION.