EASYHELP
Version 1.1, July 2007
Copyright (c) 2000-2006, 2007. Robert Hernandez.
621 Helen Court, Crown Point IN 46307 USA
www.roberthernandez.com
DEFINITIONS
LICENSOR - Robert Hernandez
LICENSEE - MISSION READY SYSTEMS, LLC
SOFTWARE - EasyHelp
SOFTWARE LICENSE AGREEMENT
1. GENERAL. The SOFTWARE, documentation and any fonts accompanying this License
whether on disk, in read only memory, on any other media or in any other
form (collectively the "EasyHelp") are licensed, not sold, to the
LICENSEE (MISSION READY SYSTEMS, LLC) by the LICENSOR ("Robert Hernandez") for use only
under the terms of this License, and the LICENSOR reserves all rights not
expressly granted to the LICENSEE. The rights granted herein are limited to
the SOFTWARE and do not include any other patents or intellectual property
rights. The LICENSEE owns the media on which the SOFTWARE is recorded but
the LICENSOR retains ownership of the SOFTWARE itself. The terms of this
License will govern any software upgrades provided by the LICENSOR that
replace and/or supplement the original SOFTWARE product, unless such
upgrade is accompanied by a separate license in which case the terms of that
license will govern.
Title and intellectual property rights in and to any content displayed by
or accessed through the SOFTWARE belongs to the respective content owner.
Such content may be protected by copyright or other intellectual property
laws and treaties, and may be subject to terms of use of the third party
providing such content. This License does not grant the LICENSEE any rights
to use such content.
2. PERMITTED LICENSE USES AND RESTRICTIONS. This License allows the LICENSEE to
install and use one copy of the SOFTWARE on a single computer at a time except
in the instance where the software is on one computer and the database on
another. The SOFTWARE may be used to reproduce materials so long as such use
is limited to reproduction of non-copyrighted materials, materials in which
the LICENSEE own the copyright, or materials the LICENSEE are authorized or
legally permitted to reproduce. This License does not allow the SOFTWARE to
exist on more than one computer at a time, and the LICENSEE may not make the
SOFTWARE available over a public network where it could be used by users not
with the LICENSEE's organization. The LICENSEE may make one copy of the
SOFTWARE in machine-readable form for backup purposes only; provided that the
backup copy must include all copyright or other proprietary notices contained
on the original. Except as and only to the extent expressly permitted in this
License or by applicable law, the LICENSEE may not copy, decompile, reverse
engineer, disassemble, modify, or create derivative works of the SOFTWARE or
any part thereof. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE
OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE. IF IN DOUBT DO NOT USE THIS SOFTWARE.
3. TRANSFER. The LICENSEE may not sell, rent, lease, lend or sublicense the
SOFTWARE without express written authorization by the LICENSOR. All components
of the SOFTWARE are provided as part of a bundle and may not be separated
from the bundle and distributed as standalone applications.
NFR (NOT FOR RESALE) COPIES: Notwithstanding other sections of this License,
SOFTWARE labeled or otherwise provided to the LICENSEE on a promotional basis
may only be used for demonstration, testing and evaluation purposes and may
not be resold or transferred or used in a production ("live") environment.
ACADEMIC COPIES: If the SOFTWARE package has an academic label or if the
LICENSEE acquired the SOFTWARE at an academic discount, the LICENSEE must be
an Eligible Educational End User to use the SOFTWARE. "Eligible Educational
End Users" means students, faculty, staff and administration attending and/or
working at an educational institutional facility (i.e., college campus, public
or private K-12 schools).
4. TERMINATION. This License is effective until terminated or until 31 December 2005,
whichever arrives first. The LICENSEE rights under this License will terminate
automatically without notice from the LICENSOR if the LICENSEE fails to comply
with any term(s) of this License. Upon the termination of this License, the
LICENSEE shall cease all use of the SOFTWARE and destroy all copies, full or
partial, of the SOFTWARE.
5. LIMITED WARRANTY ON MEDIA. The LICENSOR warrants the media on which the SOFTWARE
is recorded and delivered by the LICENSOR to be free from defects in materials
and workmanship under normal use for a period of ninety (90) days from the date
of original purchase. The LICENSEE exclusive remedy under this Section shall be,
at the LICENSOR’s option, a refund of the purchase price of the product
containing the SOFTWARE or replacement of the SOFTWARE which is returned to the
LICENSOR or the LICENSOR's authorized representative with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE
ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES
(IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
BY JURISDICTION.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED
WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND THE LICENSOR HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ITS AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
THE LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall the LICENSOR’s total liability to the LICENSEE for all damages (other
than as may be required by applicable law in cases involving personal injury)
exceed the amount of fifty US dollars ($50.00). The foregoing limitations
will apply even if the above stated remedy fails of its essential purpose.
8. EXPORT LAW ASSURANCES. The LICENSEE may not use or otherwise export or reexport
the SOFTWARE except as authorized by United States law and the laws of the
jurisdiction in which the SOFTWARE was obtained. In particular, but without
limitation, the SOFTWARE may not be exported or re-exported (a) into (or to
a national or resident of) any U.S. embargoed countries (currently Cuba, Iran,
Iraq, Libya, North Korea, Sudan and Syria), or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person’s List or Entity List. By using the
SOFTWARE, the LICENSEE represent and warrant that the LICENSEE are not located
in, under control of, or a national or resident of any such country or on
any such list.
9. GOVERNMENT END USERS. The SOFTWARE and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation", as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other
end users pursuant to the terms and conditions herein. Unpublished-rights
reserved under the copyright laws of the United States.
10. CONTROLLING LAW AND SEVERABILITY. This License will be governed by and construed
in accordance with the laws of the State of Indiana, as applied to agreements
entered into and to be performed entirely within Indiana between Indiana
residents. This License shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
expressly excluded. If for any reason a court of competent jurisdiction finds
any provision, or portion thereof, to be unenforceable, the remainder of this
License shall continue in full force and effect.
11. COMPLETE AGREEMENT; GOVERNING LANGUAGE. This License constitutes the entire
agreement between the parties with respect to the use of the SOFTWARE licensed
hereunder and supersedes all prior or contemporaneous understandings regarding
such subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by the LICENSOR. Any translation of this
License is done for local requirements and in the event of a dispute between
the English and any non-English versions, the English version of this License
shall govern.