Tetravex II Puzzle Solver 1.0.0

EULA - End User License Agreement

Tetravex II End User License Agreement (EULA)

SOFTWARE PRODUCT LICENCE AGREEMENT
Tetravex II, Version 1.0.0
Copyright (C) 2007-2008 www.tetravexii.com . All Rights Reserved.

IMPORTANT-READ CAREFULLY:

This End User Licence Agreement ("EULA") is a legal agreement between YOU as Licensee and TetravexII.com for the SOFTWARE PRODUCT identified above. By installing, copying, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to the place of purchase for a full refund.
The copyright in the SOFTWARE PRODUCT and its documentation is owned by TetravexII.com. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.
Your installation and use of this software indicates your acceptance of this EULA and warranty.

DEFINITIONS

In this End User Licence Agreement, unless the contrary intention appears,
"EULA" means this End User Licence Agreement
"TetravexII.com" means www.tetravexii.com and its legal owner
"Licensee" means YOU, or the organisation (if any) on whose behalf YOU are taking the EULA.
"Registered Edition of TetravexII" means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site: . following the three day free evaluation period.
"SOFTWARE PRODUCT" or "SOFTWARE" means Tetravex II (or Tetravex II Puzzle Solver), which includes computer software and associated media and printed materials, and may include online or electronic documentation.
"Support Services" means email based support provided by TetravexII.com, including advice on usage of TetravexII Puzzle Solver, investigation of bugs, fixes, repairs of models if and when appropriate and general product support.
"Tetravex II support engineers" means employees of Tetravex II who provide on-line support services.
"Trial edition of Tetravex II" means the edition of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes for a period of three days.

GRANT OF LICENCE

In accordance with the terms of this EULA YOU are granted the following rights:
a) to install and use one copy of the SOFTWARE PRODUCT, or in its place, any prior version for the same operating system, on a single computer. As the primary user of the computer on which the SOFTWARE PRODUCT is installed, YOU may make a second copy for your exclusive use on either a home or portable computer.
b) to store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT over an internal network. If YOU wish to increase the number of users entitled to concurrently access the SOFTWARE PRODUCT, YOU must notify Tetravex II and agree to pay an additional fee.
c) to make copies of the SOFTWARE PRODUCT for backup and archival purposes.

EVALUATION LICENCE.

The Trial version of TetravexII Puzzle Solver is not free software. Subject to the terms of this agreement, YOU are hereby licenced to use this software for evaluation purposes without charge for a period of three days.

Upon expiration of the three days, the Software Product must be removed from the computer. Unregistered use of TetravexII Puzzle Solver after the three-day evaluation period is in violation of Australian, U.S.and international copyright laws. TetravexII.com may extend the evaluation period on request and at their discretion.

If YOU choose to use this software after the three day evaluation period a licence must be purchased (as described at http://www.tetravexii.com/download.php ). Upon payment of the licence fee, You will have to provide TetravexII.com the existing software ''key'' (given during trial installation) by email. TetravexII.com will activate your Trial edition of TetravexII for use up to 365 days. If you want to use the software for more than 365 days, You will have to pay one licence fee for every additional 365 days.

ADDITIONAL RIGHTS AND LIMITATIONS.

YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-licence, loan or distribute the SOFTWARE PRODUCT other than as expressly authorised by this EULA. YOU further undertake not to reproduce or distribute licence key-codes except under the express and written permission of TetravexII.com.

ASSIGNMENT

YOU may only assign all your rights and obligations under this EULA to another party if YOU supply to the transferee a copy of this EULA and all other documentation including proof of ownership. Your licence is then terminated. You will have to contact TetravexII.com to help You in the transfer process.

TERMINATION

Without prejudice to any other rights, TetravexII.com may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise return or dispose of such material in the manner directed by TetravexII.com.

WARRANTIES AND LIABILITY.

WARRANTIES

TetravexII.com warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and any Support Services provided by TetravexII.com shall be substantially as described in applicable written materials provided to YOU by TetravexII.com, and TetravexII.com support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.

EXCLUSIONS

To the maximum extent permitted by law, TetravexII.com excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims , expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, profits and data) arising out of:

YOUR use or misuse of the SOFTWARE PRODUCT;
YOUR inability to use or obtain access to the SOFTWARE PRODUCT;
Negligence of TetravexII.com or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of TetravexII.com''S obligations under this EULA;
or Termination of this EULA by either party for any reason.

LIMITATION

The SOFTWARE PRODUCT and any documentation are provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of TetravexII.com for any breach of such term shall if permitted by legislation be limited, at TetravexII.com''S option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt:

If the breach relates to the SOFTWARE PRODUCT:
the replacement of the SOFTWARE PRODUCT or the supply of an equivalent SOFTWARE PRODUCT;
the repair of such SOFTWARE PRODUCT; or the payment of the cost of replacing the SOFTWARE PRODUCT or of acquiring an equivalent SOFTWARE PRODUCT; or the payment of the cost of having the SOFTWARE PRODUCT repaired;

If the breach relates to services in relation to the SOFTWARE PRODUCT:
the supplying of the services again; or the payment of the cost of having the services supplied again.

TRADEMARKS.

All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licences. Windows, Windows 98, Windows NT, Windows ME, Windows XP, Windows 2000, Windows 2003 Server and Windows Vista are trademarks of Microsoft Corp.

GOVERNING LAW

This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA.