7.3 User License Agreement
END-USER LICENSE AGREEMENT FOR INQUIRIUM INQSCRIBE
IMPORTANT READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Inquirium, LLC for the Inquirium software product identified above, which includes computer software and may include associated media, printed materials, and documentation (collectively, the “SOFTWARE”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. Inquirium grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1. Installation and use.
a. If you purchase a single license, you may install, use, access, display and run one copy of the SOFTWARE on a single computer, such as a workstation, terminal or other device (“Workstation Computer”); provided that the SOFTWARE may be installed on the same person’s desktop and laptop simultaneously, so long as they are not used simultaneously. The SOFTWARE may not be used by more than one processor at any one time.
b. If you purchase more than a single license, you may install, use, access, display and run one copy of the SOFTWARE on up to those numbers of computers for which a license is purchased.
1.2. Reserved Rights. The SOFTWARE is licensed, not sold. All rights not expressly granted are reserved to Inquirium.
1.3 You may not duplicate or distribute the software, except to create an archival copy. Additional copies of the software may be downloaded from the Inquirium’s web site.
2. COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE and any copies of the SOFTWARE are owned by Inquirium. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. NO RENTAL. You may not rent, lease, or lend the SOFTWARE.
5. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the SOFTWARE that Inquirium may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Inquirium reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
6. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
7. SOFTWARE TRANSFER.
7.1. Internal. You may move the SOFTWARE to a different Workstation Computer. After the transfer, you must completely remove the SOFTWARE from the former Workstation Computer.
7.2. Transfer to Third Party.
a. If you purchased a single license, the initial user of the SOFTWARE may make a one-time permanent transfer of this EULA and SOFTWARE to another end user, provided the initial user retains no copies of the SOFTWARE. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and this EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the SOFTWARE must agree to all the EULA terms.
b. If you purchase more than one single-seat license (as opposed to a site license), you, as the initial licensee of the SOFTWARE may make a one-time permanent transfer each such license (other than the first such license) to another end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and this EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the SOFTWARE must agree to all the EULA terms.
8. TERMINATION. Without prejudice to any other rights, Inquirium 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 and all of its component parts.
9. LIMITED WARRANTY. Inquirium warrants that the SOFTWARE will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
10. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Inquirium, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE does not meet the Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Inquirium’s entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the SOFTWARE shall be, at Inquirium’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the SOFTWARE, or (b) repair or replacement of the SOFTWARE, that does not meet this Limited Warranty and that is returned to Inquirium with a copy of your receipt. You will receive the remedy elected by Inquirium without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the SOFTWARE to Inquirium). This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Inquirium will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Inquirium’s warranty remedy procedures. To exercise your remedy, contact: Inquirium, 1160 E. 54th St., Chicago, IL 60615.
11. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Inquirium provides the SOFTWARE and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INQUIRIUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF INQUIRIUM OR ANY SUPPLIER, AND EVEN IF INQUIRIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. APPLICABLE LAW. This EULA is governed by the laws of the State of Illinois.
14. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and Inquirium relating to the SOFTWARE and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA: however, should the parties enter into a signed written agreement, that agreement will supercede this one to the extent of any inconsistency. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
15. GENERAL PROVISIONS.
15.1. Modifications to License: Modifications and amendments to this License, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
15.2. Notices: All notices and other communications given in connection with this License shall be in writing and shall be deemed given as follows: * When delivered personally to the recipient’s address as appearing in the introductory paragraph to this License; * Three days after being deposited in the United States mails, postage prepaid to the recipient’s address as appearing in the introductory paragraph to this License; or * When sent by fax or telex to the last fax or telex number of the recipient known to the party giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first-class or certified mail, or the recipient delivers a written confirmation of receipt. Any party may change its address appearing in the introductory paragraph to this License by giving notice of the change in accordance with this paragraph.
15.3. No Agency: Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties.
15.4. Assignment: The rights conferred by this License shall not be assignable without Inquirium’s prior written consent. Inquirium may impose a reasonable license fee on any such assignment.
Revised: August 9, 2005