This End-User License Agreement (the “EULA”) is a legal agreement between you (either an individual or a single entity, also referred to as “LICENSEE”, “YOU”), and AUCTIONSOFTWARE.COM (the “Company”), the author of AUCTION SOFTWARE (the “Software”), which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.
- “Company” shall refer to the licensor, AUCTIONSOFTWARE.COM, located at Dallas, Texas, US.
- “Licensee” shall mean the individual or entity that downloads and uses the Software.
- “Software” shall mean , the deliverables provided pursuant to this EULA.
2. Grant of License
- Software Product License.Subject to the terms of this EULA, Company hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software. Software is being distributed by AUCTIONSOFTWARE.COM. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
- Installation and Use.Licensee may install and use the Software on a shared computer or concurrently on different computers, and make multiple backup copies of Software, solely for Licensee’s use within Licensee’s business or personal use.
- Reproduction and Distribution.Licensee may reproduce and distribute additional copies of the Software, provided each copy shall be a true and complete copy, including all intellectual property notices, and shall be accompanied by a copy of this EULA. Copies of Software may be distributed as a standalone product or included with your own product, as long as Software is not sold or included in a product or package that intends to receive benefits through the inclusion of Software.
3. Description of Rights and Limitations
- Limitations.Licensee may not reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
- Update and Maintenance.Company shall provide updates and maintenance on an as needed basis.
- Separation of Components. Software is licensed as a single product. Its components may not be separated for use on more than one computer.
- Software Transfer. Licensee may permanently transfer all rights under the EULA, provided recipient agrees to the terms of this EULA.
4. Intellectual Property.
All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
Company will provide On Site / Phone Support twenty-four (24) hours per day seven (7) days per week.
6. Terms of Agreement. This EULA is effective until:
- Automatically terminated if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
- Terminated by Company.
Company may terminate this EULA immediately upon written notice, including email, to Licensee, with or without cause.
Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Texas, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Dallas, Texas, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or certified mail, postage prepaid to the respective addresses of the parties as set forth herein (or such other address as a party may designate by ten (10) days notice):
DevelopScripts LLC 1221
West Campbell Road, Suite 181, Richardson, Texas 75080
Phone number: 972-200-5516