END-USER LICENSE AGREEMENT FOR GLEAMTECH FILEVISTA
This GleamTech End-User License Agreement ("EULA") is a legal AGREEMENT between you and GleamTech for FileVista software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation. By installing, copying, or otherwise using FileVista, you agree to be bound by the terms of this EULA.
FileVista is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. FileVista is licensed, not sold.
1) GRANT OF LICENSE FOR INTERACTIVE USE
This EULA grants you, the computer software end-user, the following rights to use this product interactively:
i. FileVista may be used only directly by you
ii. You may install and use FileVista interactively on any PCs used exclusively by you.
iii. FileVista automation interface can be used on any PC that you use to run FileVista interactively.
2) ALTERNATIVE GRANT OF LICENSE FOR UNATTENDED USE THROUGH THE AUTOMATION INTERFACE
This EULA grants the unattended use of FileVista automation interface on a single PC or virtual machine (VM) so long as this license is not already been used as described in section 1) for interactive use.
3) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
i. FileVista is licensed as a single product. Its component parts may not be separated for use on more than one computer.
ii. Rental. You may not rent, lease, or lend FileVista to any party.
iii. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of FileVista (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If FileVista is an upgrade, any transfer must include all prior versions of FileVista and all of your rights therein, if any.
iv. Support Services. GleamTech may provide you with support services related to FileVista ("Support Services"). The provision and use of Support Services is governed by the GleamTech policies and programs described in FileVista user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of FileVista and subject to the terms and conditions of this EULA. With respect to technical information you provide to GleamTech as part of the Support Services, GleamTech may use such information for its business purpose, including for product updates and development. GleamTech will use its best efforts to not utilize such technical information in a form that personally identifies you.
4) COPYRIGHT AND TRADEMARKS
i. All title, trademarks and copyrights in and pertaining to FileVista (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into FileVista), the accompanying, printed materials and any copies of FileVista are owned by GleamTech or its affiliated companies or suppliers. FileVista is protected by copyright and trademark laws and international treaty provisions. You must treat FileVista like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying FileVista.
ii. You may not remove, modify or alter any GleamTech copyright or trademark notice from any part of FileVista, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the GleamTech FileVista Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by FileVista.
Should you have any questions concerning this EULA, or if you desire to contact GleamTech for any reason, please contact GleamTech Sales by e-mail.
6) LIMITED WARRANTY
i. LIMITED WARRANTY GleamTech warrants that (a) FileVista will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with GleamTech's written materials accompanying it, and (b) any Support Services provided by GleamTech shall be substantially as described in applicable written materials provided to you by GleamTech, and (c) GleamTech support engineers will make commercially reasonable efforts to solve any problem issues with FileVista. To the extent that implied warranties on FileVista are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on FileVista, if any, are limited to ninety (90) days.
ii. CUSTOMER REMEDIES GleamTech's and its suppliers' entire liability and your exclusive remedy shall be, at GleamTech's option, either (a) return of the price paid by you for FileVista (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of FileVista that do(es) not meet GleamTech's Limited Warranty and which is returned to GleamTech with a copy of your purchase receipt. This Limited Warranty is void if failure of FileVista has resulted from accident, abuse, or misapplication. Any replacement FileVista will be warranted for the remainder, of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by GleamTech are available without proof of purchase from an GleamTech authorized international source.
iii. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLEAMTECH AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO FILEVISTA AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
7) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLEAMTECH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE FILEVISTA OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GLEAMTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GLEAMTECH'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR FILEVISTA OR TEN UNITED STATES DOLLARS (U.S. $10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A GLEAMTECH SUPPORT SERVICES AGREEMENT, GLEAMTECH'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GleamTech will not gather any personal information about you or your computer without your explicit approval, except where this license agreement has been violated by the use of invalid or pirated license codes. If you give us personal information or allow us to gather personal information from your computer, we will tell you exactly what we are collecting and what it will be used for.