END-USER SOFTWARE LICENSE AGREEMENT
NOTE: The "SchoolLeader"
and "Ducks" logo are a trademark of Kressa Software Corporation.
All rights reserved.
This Kressa Software Corporation ("KRESSA") End-User License
Agreement ("EULA") is a legal AGREEMENT between you (either
as an individual user or as the registered user/representative on behalf
of a business entity) ("END USER") and KRESSA Software Corporation
for the KRESSA software product identified above, which said product includes
computer software and may include associated media, printed materials,
and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying,
or otherwise using the SOFTWARE PRODUCT, the END USER agreeS to be bound
by the terms of this EULA. If the END USER does not agree to the terms
of this EULA, then the SOFTWARE PRODUCT should not be installed.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold to the END USER.
1) GRANT OF LICENSE.
This EULA grants the END USER, the registered computer software user,
the following rights:
INSTANCES. The SOFTWARE PRODUCT may be used only for the Business location
it was sold to. However, the END USER may install and use as many copies
of the product as the END USER needs as long as each copy supports this
· NETWORK USE. The END USER may also install a copy of the SOFTWARE
PRODUCT on a network server provided this server supports the same business
location as the Licensing Key. The network can be a LAN or WAN and physical
location is not relevent.
· LICENSE PACK.
If the END USER has acquired this EULA in a KRESSA License Pack, the END
USER may make the number of additional copies of the SOFTWARE PRODUCT
identified in that agreement.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. No one may reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only
to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation of components.
· NOT FOR RESALE
SOFTWARE. If the SOFTWARE PRODUCT is labeled "Not for Resale"
or "NFR" or "Evaluation Copy", then, notwithstanding
other sections of this EULA, no one may use the SOFTWARE PRODUCT for commercial
purposes nor sell, or otherwise transfer it for value.
· RENTAL. The
END USER may not rent, lease, or lend the SOFTWARE PRODUCT to any party.
TRANSFER.The END USER may permanently transfer all of their rights under
this EULA, provided they (a) retain no copies, (b) transfer all of the
SOFTWARE PRODUCT (including all component parts, the media and printed
materials, any upgrades, this EULA, and, if applicable, the Certificate
of Authenticity), and (c) the recipient agrees to abide by all of the
terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer
must include all prior versions of the SOFTWARE PRODUCT and all of the
END USER's rights therein, if any.
· SUPPORT SERVICES.
KRESSA may provide the END USER with support services related to the SOFTWARE
PRODUCT ("Support Services"). The provision and use of Support
Services is governed by the KRESSA SOFTWARE CORP. policies and programs
described in the SOFTWARE PRODUCT user manual and/or in "online"
documentation. Any supplemental software code provided to the END USER
as part of the Support Services shall considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of this EULA. With respect
to technical information, KRESSA may use such information for its business
purpose, including product updates and development. However, KRESSA will
not utilize such technical information in a form that personally identifies
the END USER.
Without prejudice to any of KRESSA's other rights, KRESSA has the rights
to terminate this EULA if the END USER fail to comply with the terms and
conditions of this EULA. In such event, the END USER must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts
3) UPGRADES. If the SOFTWARE PRODUCT is labeled or otherwise identified
by KRESSA as an "upgrade", the END USER must be properly licensed
to use a product identified by KRESSA as being eligible for the upgrade
in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise
identified by KRESSA as an upgrade; replaces and/or supplements the product
that formed the basis for the END USER's eligibility for such upgrade.
the END USER may use the resulting upgraded product only in accordance
with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of
a package of software programs that the END USER licensed as a single
product, the SOFTWARE PRODUCT may be used and transferred only as part
of that single product package and may not be separated for use.
4) COPYRIGHT AND TRADEMARKS. All title, trademarks and copyrights in and
pertaining to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animation, video, audio, Music, text, and applets incorporated
into the SOFTWARE PRODUCT), the accompanying, printed materials and any
copies of the SOFTWARE PRODUCT are owned by KRESSA. The SOFTWARE PRODUCT
is protected by copyright and trademark laws and international treaty
provisions. The END USER must treat the SOFTWARE PRODUCT like any other
copyrighted product for archival purposes, and may not copy the printed
materials accompanying the SOFTWARE PRODUCT without written consent from
· The END USER
may not remove, modify or alter any KRESSA copyright or trademark notice
from any part of the SOFTWARE PRODUCT, including but not limited to any
such notices contained in the physical and/or electronic media or documentation,
in the KRESSA Installation Routine dialogue or 'about' boxes, in any of
the runtime resources and/or in any web-presence or web-enabled notices,
code or other embodiments originally contained in or otherwise created
by the SOFTWARE PRODUCT.
5) U. S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation
are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the U. S. 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.
KRESSA Software Corporation
6) MISCELLANEOUS If the END USER acquired or useS this SOFTWARE PRODUCT
in the United States, this EULA is governed by the laws of the State of
Florida. If this SOFTWARE PRODUCT was acquired and is used exclusively
outside of the United States, then local law may also apply. Should the
END USER have any questions concerning this EULA, or desire to contact
KRESSA for any reason, please contact the KRESSA distributor serving your
country, or contact Kressa Software directly.
7) LIMITED WARRANTY. KRESSA warrants that (a) the SOFTWARE PRODUCT will,
for a period of ninety (90) days from the date of purchase, perform substantially
in accordance with KRESSA's written materials accompanying it, and (b)
any Support Services provided by KRESSA shall be properly provided as
described in applicable written materials provided to the END USER by
KRESSA, and (c) KRESSA support engineers will make commercially reasonable
efforts to solve any problem issues with the SOFTWARE PRODUCT. To the
extent that implied warranties on the SOFTWARE PRODUCT are disclaimable,
they are disclaimed hereinbelow. Some states and jurisdictions do not
allow disclaimers of, or limitations on, the duration of an implied warranty,
so the above limitation may not apply. To the extent implied warranties
may not be entirely disclaimed but implied warranty limitations are allowed
by applicable law, implied warranties on the SOFTWARE PRODUCT, if any,
are limited to ninety (90) days.
REMEDIES. KRESSA's and its suppliers' entire liability and the END USER's
exclusive remedy shall be, at KRESSA's option, either (a) return of the
price paid by the END USER for the SOFTWARE PRODUCT, or (b) repair or
replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not
meet KRESSA's Limited Warranty and which is returned to KRESSA. This Limited
Warranty is void if failure of the SOFTWARE PRODUCT has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will
be warranted for the remainder, of the original warranty period or thirty
(30) days, whichever is longer. Outside of the United States, neither
of these remedies nor any product support services offered by KRESSA are
available without proof of purchase from a KRESSA authorized international
· NO OTHER
WARRANTIES APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRESSA
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT,
WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES the END USER SPECIFIC
LEGAL RIGHTS. the END USER MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION
8) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL KRESSA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT OR THE PROVISION
OF, OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KRESSA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KRESSA'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID FOR THE SOFTWARE PRODUCT. KRESSA'S ENTIRE LIABILITY REGARDING SUPPORT
SERVICES SHALL SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO THE END USER.