Forums/Standard Sales Policies/User Agreements and Disclaimers

End-User License Agreement

Challenger Support
posted this on November 30, 2011 12:51 pm

All use of any Challenger product is subject to the following terms and conditions. If for any reason you do not wish to accept the complete terms of this agreement, please return the CD-ROM/DVD/VHS to Challenger Corporation for a full refund. This refund will be made only if the seal on the box which encases the CD-ROM/DVD/VHS disc remains unbroken.

Licensor has produced a publication on electronic media, utilizing software (the "Software") either developed directly by the Licensor or licensed from third parties ("Third Parties") by the Licensor and deployed via the Challenger Interactive Viewer© to search, retrieve and display the information contained in the publication. Such Third Parties include, but are not limited to Microsoft, Inc. and Sun Microsystems, Inc. User, desiring to use this electronic version of the publication (the "System"), agrees as follows:

1. License. During the term of this Agreement, Licensor grants User a personal, nontransferable, and limited license to use the System, including the right to use the accompanying Software in order to access and use the information contained in the Publication ("Database"), as well as the user documentation ("User Manual").

2. Term. This License is effective from the date the System is received by the User and shall remain in force for as long as the User continues to use the System, unless terminated as provided below.

3. License Fee. In order to keep the System current, User agrees to pay a fee for the System in the amount specified by the Licensor.

4. Authorized Use of Program. (a) Individual (Single User) Version. If the User is an individual who has purchased the single-user version of the System, then the User shall have the right to use the System which he has actually purchased on any computer which the User owns or regularly uses as part of the User's professional activities. The System will create only one User profile containing a score file. (b) Institutional Version. If the User is an institution or represents an institution which has purchased a multiple-user or multiple-site version of the system, then the User shall have the right to use the system on any computer and associated work stations which the User owns or contracts, provided all appropriate charges, including additional site fees, have been paid. The system will create as many User profiles, each containing score files, as the User has licensed and paid for.

5. Use Restrictions. Except with prior written permission of Licensor, User may not: (a) Copy the Software, except to load it into a computer and to make a single backup copy; (b) Distribute copies of the Database or Software or accompanying User Manual to any other person; (c) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or User Manual; (d) Copy, download, save, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, save, store, disseminate or use, in any form or by any means, any part of the data contained within the Database; (e) Transfer, resell, or grant any other rights of any kind to any individual copy of the Database or the Software, including the User Manual, to any other person; (f) Remove any proprietary notices, labels or marks on the Database, Software or User Manual. Notwithstanding, the User may print out one copy of limited portions of the Database on an ad hoc basis for the User's personal use and not for sale, redistribution, or publication. User shall take reasonable measures to maintain the security of the Database and the Software, and shall not allow any other parties, including employees of User, to have access to the Database or Software.

6. Proprietary Rights. User acknowledges and agrees that the System is the exclusive property of Licensor and the Database, Software (including the backup copy made by the User) and the User Manual are licensed to the User only for the term of this Agreement and strictly under the terms hereof. The System contains publications of the Licensor and its licensors that are protected by copyright and the Software contains copy-written and confidential trade secret information that is the property of Licensor and others. Except for the limited rights given to User herein, all rights in the System are reserved by Licensor.

7. Updates, Enhancements and Technical Support. Licensor has the right to revise or update the System, but revisions or updates, as well as technical support for the System, will be provided to User only if a properly signed registration card has been returned by User and is on file and User has paid all applicable fees.

8. Termination. If User should fail to perform in the manner required in this Agreement, Licensor may terminate this Agreement or exercise any other rights it may have. Upon termination, the User shall immediately return all discs to Licensor as well as the Software and User Manual and all copies of such material. Alternatively, Licensor may require that the User destroy all of these materials and all copies, that it so certify in writing to Licensor. All provisions of this Agreement with regard to the protection of the proprietary rights of Licensor, the disclaimer of warranties and limitations of liability shall continue in force after such termination.

 
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