APTECH License Agreement Get printer friendly Demo License Agreement
Demo LICENSE AGREEMENT FOR COSTCOM™ DEMO software
Please read this document carefully before downloading the COSTCOM™ DEMO software. This agreement licenses the enclosed software to you and contains terms and liability disclaimers.
By downloading the software, you are confirming to have taken notice of terms and conditions of this agreement and you acknowledge your acceptance of the software as well as your acceptance of the terms of this agreement. If you do not wish to do so, do not download the demo.
1) DEFINITIONS
"EULA" means this end user license agreement.
"COSTCOM™ DEMO software" means "APTECH's Cost of Cycling program COSTDEMO", supplied by Aptech Engineering, Inc.
"APTECH COSTCOM DEMO Product" means the COSTCOM™ DEMO software and the related documentation and models and multimedia content (such as animation, sound and graphics) and all related updates supplied by Aptech Engineering, Inc.
2) LICENSE
The "APTECH COSTCOM DEMO Product" is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The "APTECH COSTCOM DEMO Product" is licensed, not sold.
This EULA grants you the rights as specified here below. All other actions and means of usage are reserved to the written permission of the right holder Aptech Engineering, Inc.:
Applications Software. The "APTECH COSTCOM DEMO Product" may be used only by you for evaluation purposes only. You may install and use the "APTECH COSTCOM DEMO Product", or any prior version thereof for the same operating system, on up to one (1) computer, provided that (a) the computer is owed by (or leased to) and under the exclusive control of the licensee; (b) the program(s) shall NOT be used simultaneously on more than one machine, and (c) any computer(s) with APTECH COSTCOM DEMO Product installed shall not be sold, rented, leased, loaned or otherwise be removed from the licensee’s possession without first removing (uninstalling) the licensed software.
Any given license for the "APTECH COSTCOM DEMO Product" may not be shared or used concurrently or otherwise on different computers or by different evaluators in a given organization.
3) REQUEST AND INFORMATION
You agree to follow the demo request procedure and will provide true, accurate and complete information about yourself. If you provide any information that is untrue, inaccurate, not correct or incomplete, or Aptech Engineering Services, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, Aptech Engineering Services, Inc. has the right to suspend or to revoke the license.
The termination of the license shall be without prejudice to any rights, whatsoever, of Aptech Engineering Services, Inc.
4) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the "APTECH COSTCOM DEMO Product", except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The "APTECH COSTCOM DEMO Product" is licensed as a single product. Its component parts may not be separated for use on more than one computer.
You may not sell, or otherwise transfer the "APTECH COSTCOM DEMO Product".
Rental. You may not rent, lease, or lend the "APTECH COSTCOM DEMO Product" to any party.
Software Transfer. You may not transfer, license or sublicense your rights as Licensee of the software or any APTECH COSTCOM DEMO Product, as licensed to you under this agreement without prior written consent of the rights owner. The URL by which the APTECH COSTCOM DEMO Product has been distributed may not be transferred or otherwise made available to any third party.
5) LIMITATIONS ON WARRANTY
APTECH ENGINEERING SERVICES, INC. MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, REGARDING THIS PRODUCT. APTECH ENGINEERING SERVICES, INC. DISCLAIMS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO A NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED. APTECH ENGINEERING SERVICES, INC. SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF APTECH ENGINEERING SERVICES, INC. IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT APTECH ENGINEERING SERVICES, INC. SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE LOSS OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL APTECH ENGINEERING SERVICES, INC. LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.
6) CHOICE OF LAW
You agree that any and all claims, suits or other disputes arising from your use of the software shall be determined in accordance with the laws of the state of California, in the event Aptech Engineering Services, Inc., is made a party thereto. You agree to submit to the jurisdiction of the court in Santa Clara County, California for all actions, whether in contract or in tort, arising from your use or purchase of the software.
7) GENERAL
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to:
Aptech Engineering Services, Inc.
601 W California Ave
Sunnyvale, CA 94086-4831
