Nova Software NEPM User License
Copyright © 2002,2004 Nova Software, Inc. All Rights Reserved
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT AND WARRANTY DISCLAIMER
CAREFULLY BEFORE ACCEPTING IT. BY INDICATING YOUR ACCEPTANCE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. CONTINUING WITH
THE DOWNLOAD AND USE OF NEPM CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
This license is a legal agreement between you, the user of the NEPM
software, your successors and assignees, and Nova Software, Inc.,
the owner and copyright holder of the NEPM software and its
successors and assignees.
The term 'NEPM software' applies to all computer codes, report
templates, and documentation files supplied by and copyrighted by
Nova Software as part of this package. This License Agreement applies
only to the portion of NEPM software created by and copyrighted by
Nova Software, Inc. Such other software as may be included in your
download of an NEPM system is covered by the Licenses provided
by its respective copyright holders and not by this License.
Ownership of all copies of the NEPM software remains with Nova
Software, Inc. This license only grants you a right to download and
use copies of the NEPM software under the conditions specified below.
All other rights are retained by Nova Software.
4. Conditions of use
(i) An evaluation license and key entitles you to use the NEPM software
on one or two computers at a time for the 30 day evaluation period. After this
time you must discontinue using NEPM and destroy all copies of all components of the
software in your posession, or purchase licenses to continue using the software.
(ii) A purchased license entitles you to use the software for an unlimited
time period on any one, and only one, of the computers named in your license keys.
If you have two or more computers with the same licensed name you may only
use the licensed NEPM component on one of these computers at a time. Use of a single
NEPM purchased license and key set on more than one computer at a time is a violation of
the terms of the license and terminates your rights under it.
(iii)Holders of purchased licenses are entitled to download and use all minor version
upgrades of the same major version of that component without additonal charge under
this license. The purchased license also grants you the right to modify the
NEPM report templates appearance for use within your organization. The modified
templates may not be sold, distributed, used, rented, leased, shared or
exported outside your organization.
(iv) WinNT target system components owned and copyrighted by Nova Software
(contained within the "TargSys" component sub-package) may be copied to
and used on as many systems within your organization as needed, as long as
the copyright message is preserved. You may not alter these components nor
distribute them outside your organization. You license to posses and use
these components expires when your license for the NEPM Courier component expires.
(v) You may not sell, rent, lease, provide subscription to or provide for free
any service based on use of the NEPM software.
(vi) You may not license, sub-license, lend, lease, rent, share, export, or
distribute your rights under this license to others.
(vii) You may not modify, reverse engineer, decompile, decrypt, extract or
otherwise disassemble the NEPM software.
You may sell or assign for consideration or give your entire rights under this
license to another.
(i)This license governs any releases, revisions, enhancements, or updates to the
NEPM software that Nova Software, Inc. may furnish to you.
(ii) This license extends to any successor or assignees who legally acquire
ownership of your rights under this license.
(iii) This license extends to any successors or assignees who legally acquire
ownership of Nova Software's rights under this license.
7. Governing Law
This License shall be governed by the laws of the United States,
the Commonwealth of Massachusetts, and by the current United Nations
Convention on Contracts for the International Sale of Goods.
If, for any reason, a court of competent jurisdiction finds any portion
of this agreement to be unenforceable, the remainder shall continue
in full force and effect.
9. Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT
WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES
WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FITNESS FOR
A PARTICULAR PURPOSE.
10. Limitation of Liability
You assume the entire risk of using the NEPM software.
Under no circumstances will Nova Software, Inc. be liable for any incidental,
special, indirect or consequential damages arising out of or relating to this
license and the use of this software. In the event of malfunction Nova Software's
entire liability will be limited exclusively to product replacement.
11. Termination and Survivability
This Agreement shall terminate upon Your breach of any term contained herein.
You shall cease use of and destroy all copies of the Software in your possesion.
The Disclaimer of Warranty and the Limitation of Liability shall survive termination.
12. Entire agreement
This License agreement constitutes the sole and entire agreement between the parties
on this subject unless modified by a written statement signed by an officer of
Nova Software, Inc.