| Nearly every software license sold is
governed by a license agreement, sometimes called an End User License Agreement (EULA).
Here is the EULA that governs the use of SuperLab Pro, first in plain English. In Plain English
It's really simple:
- No two persons may use SuperLab Pro at any one time.
- Whenever in doubt, refer to item 1 above.
Our EULA offers more flexibility than other
vendors', many of whom insist that the software may be installed on one machine only.
Some Frequently Asked
Questions
Can I develop an
experiment on one computer and run it on others?
No. You can run SuperLab Pro to develop and collect data on only a single
computer. If you only one to collect data (but not develop and experiment or modify it) on
other computers, Cedrus offers inexpensive "run only" licenses.
Can I install
SuperLab Pro on the computer in the office and the one at home?
Yes, provided there is no chance that another person may use it while
you're using SuperLab Pro at home.
The Complete Legal
Text
END-USER LICENSE AGREEMENT FOR CEDRUS SOFTWARE
IMPORTANT
This End-User License Agreement (EULA) is a legal agreement between you
(either an individual or a single entity) and the PUBLISHER from whom you acquired the
software product SuperLab Pro or SuperLab LT identified above (SOFTWARE). The
SOFTWARE includes computer software, the associated media, any printed materials, and any
online or electronic documentation. By installing, copying or otherwise using
the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, Cedrus Corporation (Cedrus) is unwilling to license the
SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you should
promptly contact Cedrus for instructions on return of the unused product(s) for a refund.
Software 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.
This EULA grants you the following rights:
- Software. You may install and use
one copy of the SOFTWARE on a computer.
- Storage/Network Use. You may also
store or install a copy of the computer software portion of the SOFTWARE on the computer
to allow your other computers to use the SOFTWARE over an internal network, and distribute
the SOFTWARE to your other computers over an internal network. However, you must acquire
and dedicate a license for the SOFTWARE for each computer on which the SOFTWARE is used or
to which it is distributed. A license for the SOFTWARE may not be shared or used
concurrently on different computers.
- Back-up Copy. You may make a single
back-up copy of the SOFTWARE. You may use the back-up copy solely for archival purposes.
2. DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS.
- 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.
- Separation of Components. The
SOFTWARE is licensed as a single product. Its component parts may not be separated for use
on more than one computer.
- Single COMPUTER. The SOFTWARE is
licensed as a single integrated product. The SOFTWARE may only be used with a single
computer.
- Rental. You may not rent or lease
the SOFTWARE.
- Software Transfer. You may
permanently transfer all of your rights under this EULA provided you retain no copies, you
transfer all of the SOFTWARE (including all component parts, the media and printed
materials, any upgrades, and this EULA), and the recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the
SOFTWARE.
- Termination. Without prejudice to
any other rights, Cedrus 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.
3. UPGRADES.
If the SOFTWARE is an upgrade from another product,
whether from Cedrus or another supplier, you may use or transfer the SOFTWARE only in
conjunction with that upgraded product, unless you destroy the upgraded product. If the
SOFTWARE is an upgrade of a Cedrus product, you now may use that upgraded product only in
accordance with this EULA. If the SOFTWARE is an upgrade of a component of a package of
software programs which you licensed as a single product, the SOFTWARE 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. COPYRIGHT.
All title and copyrights in and to the SOFTWARE
(including but not limited to any images, photographs, animations, video, audio, music,
text and applets, incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by Cedrus or its suppliers. You may
not copy the printed materials accompanying the SOFTWARE. All rights not specifically
granted under this EULA are reserved by Cedrus.
5. DUAL-MEDIA
SOFTWARE.
You may receive the SOFTWARE in more than one
medium. Regardless of the type or size of medium you receive, you may use SOFTWARE on only
one computer. You may not use or install the other medium on another computer. You may not
loan, rent, lease, or otherwise transfer the other medium to another user, except as part
of the permanent transfer (as provided above) of the SOFTWARE.
6. PRODUCT
SUPPORT.
Product support for the SOFTWARE is provided by
Cedrus or its resellers.
7. U.S. GOVERNMENT
RESTRICTED RIGHTS.
The SOFTWARE and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer SoftwareRestricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Cedrus Corporation/28631 S. Western Ave/Suite
106A/Rancho Palos Verdes, CA 90275.
8. LIMITATION OF
LIABILITY.
Under no circumstances and under no legal theory,
tort, contract, or otherwise, shall Cedrus, its suppliers, or resellers be liable to you
or any other person for any indirect, special, incidental, or consequential damages of any
character including, without limitation, damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages or losses. In no
event will Cedrus be liable for any damages in excess of the amount Cedrus received from
you for a license to the SOFTWARE, even if Cedrus shall have been informed of the
possibility of such damages, or for any claim by any other party. This limitation of
liability shall not apply to liability for death or personal injury to the extent
applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so this limitation and
exclusion may not apply to you.
9. HIGH RISK
ACTIVITIES.
The SOFTWARE and the output produced by the
SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or
resale as on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the SOFTWARE could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk Activities").
Cedrus and its suppliers specifically disclaim any express or implied warranty of fitness
for High Risk Activities.
10. WAIVER
OF RESPONSIBILITY FOR MISUSE.
The SOFTWARE can process copyright material and has
no way of knowing if such processing is in breach of copyright law. You agree that it is
your responsibility to ensure that you only process material for which you own or have
licensed the copyright and, further, to indemnify and hold harmless Cedrus from any claim
whatsoever relating to your improper use of the SOFTWARE to process copyright materials.
11. MISCELLANEOUS.
This EULA represents the complete agreement
concerning this license. The acceptance of any purchase order placed by you is expressly
made conditional on your assent to the terms set forth herein, and not those in your
purchase order. If any provision of this EULA is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This EULA shall be
governed by American law in the State of California (except for conflict of law provisions).
The application the United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded. |