Electronic End User License Agreement

For One (1) Computer

Enounce Incorporated
Electronic End User License Agreement
For Public Release

PLEASE REGISTER TO RECEIVE REGISTRATION BENEFITS

NOTICE TO USER: THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, FOLLOW THE INSTRUCTIONS TO INDICATE YOUR DECISION TO REJECT THIS CONTRACT, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE.

This Enounce Incorporated ("Enounce") End User License Agreement (the "Agreement") accompanies software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by Enounce. Enounce grants to you a nonexclusive license to use the Software and Documentation, provided that you agree to the following:

  1. Use of the Software. You may--
    1. Install the Software in a single location on a hard disk or other storage device of one computer.
    2. Use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer.
    3. Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
  2. Intellectual Property Rights (including Copyright, Trademark, Trade Secret, and Patent rights).
    1. The Software, and all Intellectual Property rights therein, including all patent, copyright, trademark, and trade secret rights, are owned by Enounce and its suppliers. Further, the Software is protected by United States and International Patent and Copyright Law. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
    2. You agree not to modify, adapt, translate, or incorporate into other products any portion of the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
    3. You are only permitted to use the Software in the manner described in Paragraph 1. Such permission does not transfer any intellectual property rights in the Software to you.
  3. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation.
  4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades. If the Software includes, or, in connection with the acquisition of the Software you receive, two or more operating environment versions of the Software (e.g., Macintosh and Windows® ), two or more language translation versions of the Software, the same Software on two or more media (e.g., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of Computers. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above. If you acquire an upgrade or update for Software, Enounce reserves the right to disable any prior versions during the installation and in all cases, you may use the previous version for not more than ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version.
  5. No Warranty. ENOUNCE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ENOUNCE'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ENOUNCE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Enounce's Customer Support Department.
  6. Limitation of Liability. IN NO EVENT WILL ENOUNCE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ENOUNCE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Enounce.
  8. Notice to Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Enounce Incorporated, 2666 East Bayshore Road, Palo Alto, CA 94303.

Enounce is a trademark of Enounce, Incorporated. Windows is either a registered trademark or a trademark of Microsoft Corporation.

Unpublished-rights reserved under the copyright laws of the United States. Enounce Incorporated & EPL Holdings LLC, 2666 East Bayshore Road, Palo Alto, CA 94303.