By downloading, installing, copying, accessing, or utilizing this software, you are agreeing to the terms outlined in this End-User License Agreement (EULA). Should you be accepting these terms on behalf of another individual, company, or legal entity, you affirm and guarantee that you possess the complete authority to obligate that party to these terms.
However, if you do not concur with these terms, please:
- Refrain from downloading, installing, copying, accessing, or using this software.
- Immediately return both the software and any proof of entitlement to the entity from whom you obtained them.
License Grant
- Subject to the stipulations and provisions of this agreement, Edigent Software hereby grants you a non-exclusive, non-transferable right to employ this software solely for your internal business operations. Furthermore, you are not granted any rights to perform updates or upgrades to any software.
- The software, encompassing, but not limited to, its object code and source code, whether or not provided to you, is considered strictly confidential to Edigent Software. The company (or its licensors) exclusively owns and retains all – and you may not exercise any – right, title, and interest in and to the software, including, without limitation, all intellectual property rights pertaining to the software, except to the extent of the limited software use license conferred upon you in this agreement. This agreement does not constitute a sales agreement, and no title, intellectual property rights, or ownership rights to the software are transferred to you hereunder. You acknowledge and agree that the software and all concepts, methods, algorithms, formulas, processes, and ideas utilized in developing or integrated into the software, all future Updates and Upgrades, and all other enhancements, revisions, corrections, bug-fixes, hot-fixes, patches, modifications, improvements, releases, DATs, signature sets, upgrades, and policy and database updates and other modifications in, of, or to the software, all derivative works based upon any of the foregoing, and all copies of the foregoing are valuable trade secrets and proprietary property of the company, holding significant commercial value for Edigent Software.
Terms and Conditions of Use
- Usage: Each software product from Edigent Software may be used either by a single individual or non-simultaneously by two or more users who personally utilize the software installed on a single workstation. Additionally, you are prohibited from making access to Edigent Software's software available to others in connection with a service bureau, application service provider, or similar business, nor may you permit anyone else to do so.
- Copies: You are permitted to copy the software as reasonably necessary for backup, archival, or disaster recovery purposes.
- General Restrictions: This is not a concurrent user license. All rights of any nature in Edigent Software's software, which are not explicitly granted in this License, are entirely and exclusively reserved by Edigent Software. You may not, and you may not cause or permit any third party to: (i) decompile, disassemble, or reverse-engineer the software; or create or recreate the source code for the software; (ii) remove, erase, obscure, or tamper with any copyright or any other product identification or proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any software or documentation; or fail to preserve all copyright and other proprietary notices in all copies of the software and documentation made by you; (iii) lease, lend, or use the software for timesharing or service bureau purposes; sell, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to use the software except to the extent expressly allowed in this agreement; or use the software to furnish, either alone or in combination with any other product or service, any product or service to any person or entity, whether on a fee basis or otherwise; (iv) modify, adapt, tamper with, translate, or create derivative works of the software or documentation; combine or merge any part of the software or documentation with or into any other software or documentation; or refer to or otherwise employ the software as part of any endeavor to develop software possessing functional attributes, visual expressions, or other features similar to those of the Software or to compete with Edigent Software; (v) except with Edigent Software's prior written consent, publish any performance or benchmark tests or analysis related to the software; or (vi) attempt any of the foregoing. You are not permitted to run or operate the software in a cloud, Internet-based computing, or similar on-demand computing environment.
Limited Warranties and Disclaimer
- Exclusive Remedy: In the event of any breach or infringement, as your exclusive remedy and Exclusive Remedy: entire obligation and liability, Edigent Software will (i) repair or replace the software or (ii) if such repair or replacement would, in Exclusive Remedy: opinion, be commercially unreasonable, upon Exclusive Remedy: receipt of your written representation and promise that you have removed all instances of the software and will not use the software, refund the price paid by you for the applicable software.
- Exclusion of Warranty: The aforementioned limited warranty will not apply if (i) the software is not utilized in accordance with this agreement or the documentation, (ii) the software or any portion thereof has been modified by any entity other than Edigent Software, and/or (iii) any malfunction in the software has been caused by any equipment or software not supplied by Edigent Software.
- Disclaimer: Except for the limited warranty set forth above, the software is provided on an AS IS and AS AVAILABLE basis, and Edigent Software makes no representations or warranties, and expressly disclaims all representations, warranties, and conditions, whether oral or written, express or implied, arising from course of dealing, course of performance, or usage in trade, or otherwise, including, without limitation, implied warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement, or systems integration. Without limiting the foregoing, Edigent Software makes no warranty, representation, or guarantee as to the software's use or performance and does not warrant, represent, or guarantee that the operation of the software will be failsafe, uninterrupted, or free from errors or defects, or that the software will protect against all possible threats.
- High-Risk Systems Terms: The software may fail and is not designed, developed, tested, or intended to be reliable in the context of high-risk systems. Without limiting anything else, Edigent Software bears no responsibility for, and you will indemnify and hold harmless Edigent Software from, all claims, suits, demands, and proceedings alleging, claiming, seeking, or asserting any liability, loss, obligation, risk, cost, damage, award, penalty, settlement, judgment, fine, or expenses arising from or in connection with your use of the software on or in a high-risk system, including, without limitation, those that (i) could have been prevented by the deployment of failsafe or fault-tolerant features to the high-risk system, (ii) are based on a claim, allegation, or assertion that the functioning of the high-risk system depends or depended on the functioning of the software or that the failure of the software caused a high-risk system to fail.
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