» version 4.0 - posted on 2009-04-23
» version 3.0 - posted on 2006-05-09
EULA - End User License Agreement
This 4TOPS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and 4TOPS / AGORA Software BV for the 4TOPS software. By using the SOFTWARE PRODUCT for other purposes than its evaluation, you agree to be bound by the terms of this EULA.
For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found in the EULA4TOP.txt file of this product.
The user of this product agrees that:
1. without licence he may only use this product for purpose of evaluation.
2. with licence he may only USE this product (no other rights, unless specified otherwise in a separate contract between 4TOPS and buyer). You may not rent, lease, or lend the SOFTWARE PRODUCT.
3. rights of use depend on the type of licence:
3.a separate-user: Each licence allows installation of one copy of the SOFTWARE PRODUCT on a single computer. If more than five licences are required choose site-licence.
3.b site-licence: permissable use of the licence is specified in a separate contract between 4TOPS and buyer specifying which organisational units are involved and how many users.
3.c educational: special conditions specified in a separate contract between 4TOPS and buyer
3.d runtime licence: licence to distribute the add-in as part of an application specified in a separate contract between 4TOPS and buyer
3.e If the SOFTWARE PRODUCT is labeled as an UPGRADE, you must be properly licensed to use a product identified by 4TOPS as being eligible for the upgrade in order to use the SOFTWARE PRODUCT.
A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
4. 4TOPS's warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by 4TOPS's shall be substantially as described in applicable written materials provided to you by 4TOPS's, and 4TOPS's support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4TOPS 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 THE SOFTWARE PRODUCT, 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.
5. SUPPORT. 4TOPS may provide you with support services related to the SOFTWARE PRODUCT.
6. 4TOPS's and its suppliers' entire liability and your exclusive remedy shall be, at 4TOPS's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet 4TOPS's Limited Warranty and which is returned to 4TOPS with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by 4TOPS are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4TOPS 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 THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF 4TOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, 4TOPS's ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A 4TOPS's SUPPORT SERVICES AGREEMENT, 4TOPS's ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
4TOPS / AGORA Software BV