This Electric Cafe Software (“ECWARE”) End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ECWARE, for the software product(s) and/or service(s) available from this website, which may be in beta form, and include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
- GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
- Installation and Use. ECWARE grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer.
- Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
- Components. Certain software components of the SOFTWARE PRODUCT are subject to the following additional provisions:
- espresso(tm). You may only use the espresso component on computer(s) running licensed copie(s) of the SOFTWARE PRODUCT.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
- Distribution. You may only distribute copies of the shareware version of the SOFTWARE PRODUCT to third parties.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation./li>
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. You may, however, rent, lease or lend on line catalogs derived from the SOFTWARE PRODUCT.
- Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to pay current re-keying fees, the recipient agrees to the terms of this EULA, and that you agree to execute a Letter of Software Intellectual Property Destruction.
- Support Services. ECWARE may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the ECWARE polices and programs described in the user’s guide, in “on line” documentation and/or other ECWARE-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to ECWARE as part of the Support Services, ECWARE may use such information for its business purposes, including for product support and development. ECWARE will not utilize such technical information in a form that personally identifies you, without your prior consent.
- Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
- TERMINATION. Without prejudice to any other rights, ECWARE 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 PRODUCT and execute a Letter of Software Intellectual Property Destruction.
- COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ECWARE or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by ECWARE.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is 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 Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is P.O. Box 853
Carlsbad, CA 92018-0853 U.S.A.
- EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
- NO WARRANTIES. ECWARE expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
- LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall ECWARE 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 ECWARE has been advised of the possibility of such damages. In any case, ECWARE’s entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT; provided however, if you have entered into a ECWARE Support Services Agreement, ECWARE’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.
- MISCELLANEOUS. This EULA is governed by the laws of the County of San Diego, State of California U.S.A. Should you have any questions concerning this EULA, or if you desire to contact ECware Corp. for any reason, please write:
P.O. Box 853
Carlsbad, CA 92018-0853