End User License Agreement
Also known as EULA, unless specified otherwise in the product installer, our general End User License Agreement is the following.
Unless specified otherwise in the product installer, our general End User License Agreement is:
Product License Agreement
ATTENTION: CDE Software Electronic End User License Agreement for League and Tournament Software.
Notice to User: This is a contract. By installing this software you accept all the terms and conditions of this agreement.
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. THE INDIVIDUAL OR ENTITY USING THIS SOFTWARE (THE “END USER”) AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE. IF THE SOFTWARE IS WAS PURCHASED, PROMPTLY RETURN THE PACKAGE WITHIN 30 DAYS OF PURCHASE IN ORIGINAL CONDITION, AND THE LICENSE PRICE WILL BE REFUNDED. IF THE SOFTWARE WAS NOT PURCHASED, DOWNLOADED FOR DEMONSTRATION OR PRE-PURCHASING PURPOSES, AND YOUR DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.
The enclosed computer program(s) and the accompanying documentation are provided to the End-User by CDE SOFTWARE (“Licensor”) for use only under the following terms. Licensor reserves any right not expressly granted to the End-user. The End-User owns the disk on which the Software is recorded, but Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
End-User is granted a limited, non-exclusive license to do only the following:
A. Install, register and operate the Software on one physical hardware system for use at the End-User’s home or own business. Each concurrent installation must have its own separate, uniquely serial numbered license and product registration.
B. Make two copies in machine-readable form solely for backup or archival purposes for the computer which the Software is installed. The Software is protected by copyright law. As an express condition of this License, the End-User must reproduce on the copy Licensor’s copyright notice and any other proprietary legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided (i) the End-User gives Licensor written notice of the transfer (including in such notice the End Users name, address, phone number, customer number and program serial number as well as the transferee’s name, address and phone number), and (ii) the other party reads and agrees to accept the terms and conditions of this License and to pay any nominal fees charged to issue new registration changes.
A. The End-User may NOT sublicense, assign, or distribute copies of the Software or manuals to others. The Software contains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, reduce the Software to a human readable form, or otherwise attempt to discover the source code of the Software. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.
B. As identified in 1A, the software is limited for installation on one physical hardware system for use only in the End-User’s home or own business. If the software is licensed to a bowling center, association, club, business, group, league or tournament, the software is EXPRESSLY PROHIBITED from being installed on multiple physical devices. Each concurrent installation of the Software must have a separate uniquely serial numbered license and product registration from CDE Software. Contact CDE Software at 206.937.8069 for multiple license purchases.
3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.
This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.
5. Limited Warranty.
The Licensor shall have no liability or responsibility to the End-User or any other person or entity with respect to liability, loss or damage caused or alleged to be caused directly or indirectly by this product, including but not limited to any interruption of service, loss of business or anticipatory profits or consequential damages resulting from the use or operation of this program or documentation.
If a defect in manufacturing, labeling or packaging is found within 90 days from date of purchase, End-User shall return the Software to Licensor and Licensor’s only obligation shall be to replace the defective Software, providing that the End-User provides proof of purchase or the warranty card is on file. The End-User agrees that the foregoing constitutes the End-User’s sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Licensor.
The Licensor will guarantee the accuracy of the results and reports for one year from the date of initial release of this program. If the End-User discover an error in calculations from the way the program is designed to work, the Licensor will correct that error and provide a corrected CD-ROM to the Licensee providing it is reported, in writing, to Licensor based on the following:
a. Within 90 days of the date of Software release (not date of purchase)
At no charge.
b. Within one year from the date of Software release (not date of purchase)
At no charge other than shipping and handling.
c. Beyond one year from the date of Software release (not date of purchase)
Purchase of upgrade at current pricing.
The user reporting the error will be required to supply to Licensor, at no charge, whatever materials are required to document and trace the reported error. If materials are requested to be returned to End-User, there will be a shipping and handling fee.
No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR’S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, “Enhancements”), and may license the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST COMPLETE, SIGN AND RETURN TO LICENSOR THE ATTACHED END-USER REGISTRATION CARD.
Product features are subject to change without notice. Certain features are designed only for the specific bowling season the product features are intended for, such as USBC, CTF and TNBA specific features.
This License will be governed by and construed in accordance with the laws of Washington State, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: CDE Software 4515 44th Ave SW, Seattle, WA 98116
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.
When updating the software, information pertaining to the installation may be transmitted or logged in order to provide license validation and appropriate software updates provided. Information may include, but not limited to product installation information, product version, product license registration information and a unique machine identifier that identifies a computer the CDE Software has been installed. CDE Software uses the registration for internal purposes only.
When requesting technical support, information pertaining to the installation and computer hardware and software configurations may be transmitted or logged in order to CDE Software for troubleshooting and technical support purposes.
When requesting Remote Support from a CDE Software Technician, a technician will have access to the licensee’s computer for purposes of troubleshooting or technical support. Remote Technical Support is a feature that is initiated first by the client. information pertaining to the installation and computer hardware and software configurations may be transmitted or logged in order to CDE Software for troubleshooting and technical support purposes.
11. Clipart and Fonts.
Upon paid license of League Software, the licensee shall be granted use of included clipart images for use with this software only. Use of included clipart images are prohibited from use other than with the use of this software. At no time may the images be transferred electronically, modified or incorporated into any item that is for distribution or resale.
12. Patches and Updates
CDE Software will periodically make available minor revisions and improvements to the program in the form of patches or updates.
While CDE Software encourages the updating of its products to the most recent release, updates or patches are provided “as-is”.
Neither CDE Software nor its suppliers makes any warranty, express or implied with respect to the content of these materials or the accuracy of any information contained herein, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. Because some states/jurisdictions do not allow exclusions of implied warranties, the above limitation may not apply to you.
Neither CDE Software nor its suppliers shall have any liability for any damages whatsoever including consequential incidental, direct, indirect, special, and loss profits. Because some states/jurisdictions do not allow exclusions of implied warranties, the above limitation may not apply to you. In any event, CDE Software and its suppliers’ entire liability in any manner arising out of these materials, whether by tort, contract, or otherwise shall not exceed the suggested retail price of these materials.
13. Automatic Scoring Editions
The Automatic Scoring Import and Export specifications and formats are copyrighted and owned by CDE Software and may not be used, in original or modified form, without the express written consent of CDE Software.
14. Intellectual Property
You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software without express written permission from CDE Software.
15. Data Files
You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the data format or specification of the data files generated by the software, nor will create or use third party tools to access, manipulate or generate data files without express written permission of CDE Software.
BY INSTALLING THIS SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact Licensor at the address set forth above.