Software End User License
IMPORTANT: THIS SOFTWARE END USER
LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER
AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN
ENTITY, AN ENTITY) AND PLUS. READ IT CAREFULLY BEFORE COMPLETING THE
INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE
TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY SELECTING THE AGREE, DOWNLOAD OR INSTALL NOW BUTTON
AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE
SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO
NOT INSTALL OR USE THE SOFTWARE.
“Authorized Operating Systems” means the desktop and
standard-laptop versions of the following operating systems:
Microsoft Windows operating systems (including desktop
and standard-laptop PC versions of Windows 95, 98, 2000,
NT, ME, XP Home, XP Professional, and XP Tablet PC
Edition, but specifically excluding Windows XP Embedded,
Windows XP Media Center Edition, and successors);
Macintosh operating systems;
means PLUS Coalition and its licensors, if any.
"Software" means only the PLUS License Generator, PLUS Media
Selector, PLUS Decoder, PLUS Embedder/Reader, PLUS/Poundhill
Plug-ins, PLUS Glossary, and PLUS data files, and third
party software programs, in each case, supplied by PLUS
therewith, and corresponding documentation, associated
media, printed materials, and online or electronic
documentation, and all updates or upgrades of the above that
are provided to you.
Software may have limited features, may lack the ability for
the end-user to save the end product, and may cease
operating after a predetermined amount of time due to an
internal mechanism within the Software.
For the avoidance of doubt, no embedded or device versions
of the above operating systems, or any other operating systems, are
included as Authorized Operating Systems.
- You may
install and use the Software on a single desktop or laptop
computer that runs an Authorized Operating System. A license
for the Software may not be shared, installed or used
concurrently on different computers.
agree that PLUS may audit your use of the Software for
compliance with these terms at any time, upon reasonable
notice. In the event that such audit reveals any use of the
Software by you other than in full compliance with the terms
of this Agreement, you shall reimburse PLUS for all
reasonable expenses related to such audit in addition to any
other liabilities you may incur as a result of such
license rights under this EULA are non-exclusive.
- You may
not make or distribute copies of the Software, or
electronically transfer the Software from one computer to
another or over a network.
- You may
not alter, merge, modify, adapt or translate the Software,
or decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
- You may
not sell, rent, lease, or sublicense the Software.
- You may
not modify the Software .
- You may
not export the Software into any country prohibited by the
United States Export Administration Act and the regulations
- In the
event that you fail to comply with this EULA, PLUS may
terminate the license and you must destroy all copies of the
Software (with all other rights of both parties and all
other provisions of this EULA surviving any such
foregoing license gives you limited license to use the Software.
PLUS and its suppliers retain all right, title and interest,
including all copyright and intellectual property rights, in and to,
the Software and all copies thereof. All rights not specifically
granted in this EULA, including Federal and International
Copyrights, are reserved by PLUS and its suppliers.
must evaluate the Software, report any problems with the Software to
PLUS, and respond to PLUS's questions regarding your and your
employees’ evaluation and use of the Software. Further, you shall
provide PLUS comments, review, evaluation, analysis, suggestions, or
other feedback regarding your use of the software program (“Program
Comments”). You agree that all Program Comments are made voluntarily
and shall not create a confidentiality obligation from PLUS to any
party and PLUS shall be free to use any Program Comments in any
manner without obligation of any kind to you or any of your
ACKNOWLEDGE THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS AND
OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES.
SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" BASIS. PLUS
PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR
- PLUS AND
ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND
TITLE OR QUIET ENJOYMENT. PLUS DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC
WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLUS, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED
- ( USA
only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN
ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF
USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE
CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
LIMITATION OF LIABILITY
NEITHER PLUS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF
LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF PLUS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10 OR THE
AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
- ( USA
only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
ALL ASPECTS OF THIS EULA.
Basis of Bargain
Warranty Disclaimer and Limited Liability set forth above are
fundamental elements of the basis of the agreement between PLUS and
you. PLUS would not be able to provide the Software on an economic
basis without such limitations. Such Warranty Disclaimer and Limited
Liability inure to the benefit of PLUS's licensors.
of the USA) Consumer End Users Only
limitations or exclusions of warranties and liability contained in
this EULA do not affect or prejudice the statutory rights of a
consumer, i.e., a person acquiring goods otherwise than in the
course of a business.
limitations or exclusions of warranties, remedies or liability
contained in this EULA shall apply to you only to the extent such
limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
EULA shall be governed by the internal laws of the State of
California, without giving effect to principles of conflict of laws.
You hereby consent to the exclusive jurisdiction and venue of the
state courts sitting in Los Angeles Country, California or the
federal courts in the Southern District of California to resolve any
disputes arising under this EULA. In each case this EULA shall be
construed and enforced without regard to the United Nations
Convention on the International Sale of Goods.
EULA 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. You agree that any varying or additional terms contained in
any purchase order or other written notification or document issued
by you in relation to the Software licensed hereunder shall be of no
effect. The failure or delay of PLUS to exercise any of its rights
under this EULA or upon any breach of this EULA shall not be deemed
a waiver of those rights or of the breach.
dealer, agent or employee is authorized to make any amendment to
provision of this EULA shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced
to the maximum extent permissible, and the remaining provisions of
this EULA will remain in full force and effect.
questions concerning this EULA shall be directed to: PLUS Coalition,
940 East 2nd Street, Suite 8, Los Angeles, CA 90012 USA.
PLUS Coalition, UsePLUS and other trademarks contained in the
Software are trademarks or registered trademarks of PLUS Coalition
in the United States and/or other countries. Third party trademarks,
trade names, product names and logos may be the trademarks or
registered trademarks of their respective owners. You may not remove
or alter any trademark, trade names, product names, logo, copyright
or other proprietary notices, legends, symbols or labels in the
Software. This EULA does not authorize you to use PLUS's or its
licensors' names or any of their respective trademarks.