End User License Agreement
21 April 2010
1. A User License permits Charles to be installed and used on a single computer at a time. A User License permits Charles to be installed and used on a second computer if only one person is using the two installations of Charles at one time.
2. A Site License permits Charles to be installed and used on every computer at one Site operated by the License Holder. A Multi-Site License permits Charles to be installed and used on every computer at every Site operated by the License Holder. A Site License or Multi-Site License permits Charles to be installed and used on computers not at a licensed Site if the user is based at a licensed Site and is acting for the License Holder.
3. A User License, Site License or Multi-Site License is valid for the current major version of Charles at the time of purchase (currently 3.X), and remains valid for all updates up to but not including the next major version (4.X). A User License, Site License or Multi-Site License is eligible for free upgrade to the next major version of Charles if the next major version is released within three months of the license purchase. Upgrade pricing will be 40% of the original license purchase price.
4. The software is protected by the copyright laws of New Zealand and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software code. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage or reverse engineering. You may make back-up copies of the software for archival purposes.
DEFINITIONS
Site – a physical location; office, building, campus.
LIMITED WARRANTY
5. We warrant that the software will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation. Media on which the Software is furnished, if any, will be free from defects in materials and workmanship.
6. We have taken all reasonable steps to keep the software free of viruses, spyware, "back door" entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize. The software will not download or install patches, upgrades, or any third party software without getting your permission. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
7. We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
LIMITATIONS ON LIABILITY
8. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement. Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
GENERAL PROVISIONS
9. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
10. This agreement will be governed by the laws of New Zealand.
11. This agreement does not supersede any express warranties we made to you. Any modification to this agreement must be agreed to in writing by both parties.
History
21st April 2010
Added definition of a "Site"