EULA: RationalPlan Project Server

Gestione dei progetti software server

RationalPlan End-User License Agreement
 
Last update: February 10, 2007
 
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL 
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE 
ACQUIRES BY OR FOR AN ENTITY, AN ENTITY) AND STAND BY SOFT. READ IT CAREFULLY 
BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. IT PROVIDES 

A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY 
DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR 
ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE 
FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE 
IMMEDIATELY AND DESTROY ALL COPIES.
 
I	DEFINITION
 
 	1.	"Stand By Soft" means Stand By Soft Ltd.
 	2.	"Software" means the executable code of RationalPlan (Project Management 
Software) and corresponding documentation, printed materials, online or 
electronic documentation.
 	3.	"Named User" is an individual authorized by You to use the Software 
through the assignment of a single user ID, regardless of whether or not the 
individual is using the Software at any given time.
 
II	LICENSE GRANTS
 
 	1.	This Software is licensed, not sold. Upon your payment of the license fee, 

Stand By Soft provides you with a permanent registration number ("License key") 

and grants you a limited, non-exclusive, non-transferable license to:
 	 	 	 	a.	use the Software on a Named User basis meaning specific individuals 
are authorized to access the Software and the total number of named users may 
not exceed the total number licensed by You.
 	 	 	 	b.	copy the Software in machine-readable form solely for backup 
purposes.
 	2.	The Named User of the Software may install and use the Software on as many 

computers (including operating systems) as he or she likes.
 
III	LICENSE RESTRICTIONS
 
 	1.	You may not provide or make available by any means the License Key to any 
third party. You undertake to take such steps as are necessary in order to 
protect the License Key against unauthorized use.
 	2.	You may not alter, merge, modify, adapt or translate the Software, or 
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a 

human-perceivable form.
 	3.	You may not sell, rent, lease, sublicense, transfer, resell for profit or 
otherwise distribute the Software or any part thereof.
 	4.	You may not modify the Software or create derivative works based upon the 
Software.
 	5.	You may not remove or obscure any copyright and trademark notices relating 

to the Software.
 
IV	OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
 
 	This Agreement gives you limited rights to use the Software. Stand By Soft 
retain any and all rights, title and interest in and to the Software and all 
copies thereof, including copyrights, patents, trade secret rights, trademarks 
and other intellectual property rights. All rights not specifically granted in 
this Agreement, including International Copyrights, are reserved by Stand By 
Soft . The structure, organization and code of the Software are valuable trade 
secrets and confidential information of Stand By Soft .
 
V	LIMITED WARRANTIES
 
 	1.	Stand By Soft warrants that is holds the proper rights allowing it to 
license the Software and is not currently aware of any actions that may affect 
its rights to do so.
 	2.	THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. STAND BY SOFT MAKES NO 
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY 
IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE 
TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS 
OBTAINED FROM THE SOFTWARE. STAND BY SOFT MAKES NO WARRANTY THAT THE SOFTWARE 
WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, 

THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING 
FAIL-SAFE PERFORMANCE. STAND BY SOFT EXPRESSLY DISCLAIMS ANY WARRANTY OF 
FITNESS FOR HIGH-RISK ACTIVITIES.
 
VI	DURATION
 
 	You may terminate the Agreement at any time by destroying all copies of the 
Software. Stand By Soft may terminate the Agreement upon breach of your 
obligations under the present Agreement.
 
VII	GENERAL
 
 	1.	Stand By Soft reserves the right at any time to cease the support of the 
Software and to alter prices, features, specifications, capabilities, 
functions, licensing terms, release dates, general availability or other 
characteristics of the Software.
 	2.	If any provision hereof shall be held illegal, invalid or unenforceable, 
in whole or in part, such provision shall be modified to the minimum extent 
necessary to make it legal, valid and enforceable, and the legality, validity 
and enforceability of all other provisions of this Agreement shall not be 
affected.
 	3.	This Agreement is to be governed by and construed in accordance with the 
laws and jurisdiction of the defending party. Each party for itself and its 
property, hereby submits to the jurisdiction and venue of the defending party 
in relation to any claim or dispute that may arise with respect to this 
Agreement and any judgment that may be rendered in connection with any such 
claim or dispute. Service of process upon either party shall be valid if served 

by registered or certified mail, return receipt requested and to the most 
current address provided by such party.
 	4.	You may not assign this Agreement in whole or in part, without the prior 
written consent of Stand By Soft. Any attempt by You to assign this Agreement 
without such consent will be null and void.
 	5.	This Agreement contains the entire agreement between Stand By Soft and You 

related to the software and supersedes all prior agreements and understandings, 

whether oral or written.
 
Copyright (c) 2007 Stand By Soft Ltd.