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END-USER LICENSE AGREEMENT FOR CLEARVUE PROJECT MANAGEMENT IMPORTANT-READ CAREFULLY: This ClearVue Project Management End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ClearVue Project Management for the ClearVue Project Management product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. ClearVue Project Management owns all intellectual property in the SOFTWARE. ClearVue Project Management permits you to use the SOFTWARE only in accordance with the terms of this EULA. 1. GRANT OF LICENSE . This SOFTWARE is licensed as follows: * Installation and Use for 30 days. You may install and use a copy of the SOFTWARE on your personal computer for 30 days, after which if you have not obtained a license from ClearVue Project Management then you must uninstall the SOFTWARE. * Upon obtaining a license from ClearVue Project Management you have the right to use the SOFTWARE on a single computer, or on a desktop and portable as long as the software is for the exclusive use of the owner and only one machine may be running the software at any one time. * Licenses obtained using special educational pricing are only valid if the registered user himself/herself attended the educational program where the SOFTWARE was introduced and an educational pricing code was given to attendees. ClearVue Project Management reserves the right to check with its educational partners to verify attendance at said educational programs. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. * Upgrades. Notwithstanding any other terms in this EULA, if the SOFTWARE is licensed as an upgrade or update, then you may only use the SOFTWARE to replace previously validly licensed versions of the same SOFTWARE. You agree that the upgrade or update does not constitute the granting of a second license to the SOFTWARE (i.e., you may not use the upgrade or update in addition to the SOFTWARE it is replacing, nor may you transfer the SOFTWARE which is being replaced/updated to any third party). * Rental. You may not rent, lease, or lend the SOFTWARE. * Term and Termination. This EULA takes effect on the day on which the Software is installed or used for the first time and continues in effect until terminated. You may voluntarily terminate this EULA at any time by uninstalling and destroying the original copy of the SOFTWARE and any archival copies which you may have made, provided that you notify ClearVue Project Management in writing that you have done so. Without prejudice to any other rights, ClearVue Project Management may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall and destroy all copies of the SOFTWARE and all of its component parts. 3. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, animations, video, audio, and text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by ClearVue Project Management. The SOFTWARE is protected by copyright laws and international treaty provisions. All rights not expressly granted herein are reserved by Creation. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ClearVue Project Management, Oregon, U.S.A. 5. DISTRIBUTION. You may distribute the setup executable electronically for download, on optical media, magnetic media, or any other form of distribution as long as it complies with the rest of this EULA. LIMITED WARRANTY Limited Warranty. ClearVue Project Management warrants to you that the SOFTWARE will perform substantially in accordance with the documentation for the ninety (90) day period following the date that you purchased a valid license. If the SOFTWARE fails to meet the specifications of the warranty set forth above, ClearVue Project Management's liability and your exclusive remedy will be a reasonable effort on the part of ClearVue Project Management to make the SOFTWARE meet the above warranty specification. Except for the above express limited warranties, ClearVue Project Management makes and you receive no warranties or conditions, express, implied, statutory or in any communication with you, and specifically disclaims any implied warranty of non infringement, merchantability or fitness for a particular purpose. Buyer acknowledges that the SOFTWARE may not be free from defects and may not satisfy all of Buyer's needs. Limitation on Liability. In no event will ClearVue Project Management be liable for any damages whatsoever including, without limitation, damages for loss of business profits, schedule and/or budget overrun, business interruption, loss of business information, or other damage of any kind, however caused arising out of the use of or inability to use the SOFTWARE, even if ClearVue Project Management has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of Oregon. If this product was acquired outside the United States, then local law may apply. Entire Agreement. The express terms of this EULA constitute the entire Agreement between you and ClearVue Project Management, and apply to you if this license was purchased for your own use, or to you, your company and company's employees if this license was purchased for company use.
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