SINGLE END-USER LICENSE AGREEMENT FOR Nielsen Software Enterprises, Inc.® SOFTWARE IMPORTANT-READ CAREFULLY. This Nielsen Software Enterprises, Inc. End-User License Agreement ("EULA") is a legal AGREEMENT between you (either as a registered individual user or as the registered representative on behalf of a single entity) and Nielsen Software Enterprises, Inc. for the Nielsen Software Enterprises, Inc. software product identified above, which 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, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT, you may, however, return it to your place of purchase for a full refund.
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.
1) GRANT OF LICENSE. This EULA grants you, the software end-user, the following rights: · Applications Software. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer. You may use a demonstration version of the SOFTWARE PRODUCT for a maximum of 31 days, at which time you must purchase a license for the product. A purchased license for the product is non-transferable. · STORAGE/NETWORK USE. You may also 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 on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different users in a given organization. · License Pack. If you have acquired this EULA in a Nielsen Software Enterprises, Inc. License Pack, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT identified above on this EULA, and you may use each copy in the manner specified above.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. · Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. · Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR" or "Evaluation Copy" or "Demo" or "Demonstration", then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer for value, the SOFTWARE PRODUCT. · Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party. · Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (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 your rights therein, if any. · Support Services. Nielsen Software Enterprises, Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the Nielsen Software Enterprises, Inc. policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Nielsen Software Enterprises, Inc. as part of the Support Services, Nielsen Software Enterprises, Inc. may use such information for its business purpose, including for product updates and development. Nielsen Software Enterprises, Inc. will use its best efforts to not utilize such technical information in a form that personally identifies you. · Termination. Without prejudice to any of Nielsen Software Enterprises, Inc.'s other rights, Nielsen Software Enterprises, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts; to this end you grant to Nielsen Software Enterprises, Inc. the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying SOFTWARE PRODUCT performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the SOFTWARE PRODUCT
3) UPGRADES. If the SOFTWARE PRODUCT is labeled or otherwise identified by Nielsen Software Enterprises, Inc. as an "upgrade", you must be properly licensed to use a product identified by Nielsen Software Enterprises, Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified by Nielsen Software Enterprises, Inc. as an upgrade; replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you 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 on more than one computer.
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 Nielsen Software Enterprises, Inc. or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT. · You may not remove, modify or alter any Nielsen Software Enterprises, Inc. 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 Nielsen Software Enterprises, Inc. Setup Wizard 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 dynamically or otherwise created by the SOFTWARE PRODUCT.
5) DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the software end-user. You may not loan, rent. lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6) 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. Manufacturer is: Nielsen Software Enterprises, Inc., PO Box 15211, Wilmington, NC 28408, USA (or e-mail to: [email protected]).
7) MISCELLANEOUS If you acquired or use this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of North Carolina. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact Nielsen Software Enterprises, Inc. for any reason, please contact the Nielsen Software Enterprises, Inc. distributor serving your country, or write: Nielsen Software Enterprises, Inc., PO Box 15211, Wilmington, NC 28408, USA (or e-mail to: [email protected]).
8) LIMITED WARRANTY · NIELSEN SOFTWARE ENTERPRISES, INC. WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS AFTER PURCHASE THE SOFTWARE PRODUCT WILL PERFORM IN ALL MATERIAL RESPECTS THE ESSENTIAL FUNCTIONS FOR WHICH IT IS DESIGNED; PROVIDED, HOWEVER, THAT NIELSEN SOFTWARE ENTERPRISES, INC. DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL BE FREE FROM ERRORS, CAN BE USED WITHOUT INTERRUPTION OR THAT ALL PROGRAM ERRORS WILL OR CAN BE CORRECTED. · TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIELSEN SOFTWARE ENTERPRISES, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 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 YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
9) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIELSEN SOFTWARE ENTERPRISES, INC. 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 NIELSEN SOFTWARE ENTERPRISES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NIELSEN SOFTWARE ENTERPRISES, INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.