END-USER LICENSE AGREEMENT FOR EXCELSOFT FIXED ASSET IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Excelsoft Technology, PT End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and EXCELSOFT for the EXCELSOFT software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and EXCELSOFT, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
The SOFTWARE PRODUCT is a shareware where you can freely use up to a limited capability of the application stated below. You are not required to purchase a license to use the SOFTWARE PRODUCT up to the limited usability stated below.
(a) Installation and Use.
EXCELSOFT grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7]. You may only install one copy of the licensed SOFTWARE PRODUCT on a single computer but you can freely install as many downloaded, demo version, or unlicensed copy of the SOFTWARE PRODUCT.
(b) Multiple Users
If the license you acquired is a multiple user license, you may install the SOFTWARE PRODUCT on as many COMPUTERS as you have licenses. You may also make an equivalent of secondary copies for portable computer use as specified in the USAGE section above.
(c) Multiple Entities
Multiple entities license is available if you need to manage more than one entities. The entities definition is usually a separate company, subsidiary, associate, or any related company within your management. You can manage such entities without having to install multiple programs. In the case of multiple entities, there will be as many entities available for you to select before login into the system.
(d) Network Installation
You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is running from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
(e) Limited Usability
EXCELSOFT grants you the right to use the SOFTWARE PRODUCT up to 50 assets. Number of assets is directly associates with the number of assets you create in the asset master plus any assets plus transactions associated with the asset, such as asset revaluation. If you require more than 50 records of assets as stated above, you may purchase a separate license with EXCELSOFT.
(f) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from EXCELSOFT’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, 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 PRODUCT.
(e) Support Services.
EXCELSOFT may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Derivative Works
You may not create derivative works based upon the SOFTWARE PRODUCT without a written consent to EXCELSOFT.
This EULA does not grant you any right to use any trademarks or service marks of Excelsoft Technology.
Without prejudice to any other rights, EXCELSOFT 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 PRODUCT in your possession.
All titles including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by EXCELSOFT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by EXCELSOFT.
5. NO WARRANTIES
EXCELSOFT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. EXCELSOFT does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. EXCELSOFT makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. EXCELSOFT further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall EXCELSOFT be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if EXCELSOFT has been advised of the possibility of such damages. In no event will EXCELSOFT be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. EXCELSOFT shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part there of including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.