Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement (“EULA”).
This EULA is a legal agreement between you (either an individual or a single entity) and the publishers of Maintenance Pro for use of this software and may include associated media, printed materials and any “online” or electronic documentation (“SOFTWARE”). By installing Maintenance Pro, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use Maintenance Pro. Maintenance Pro is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Maintenance Pro is licensed, not sold.
1. GRANT OF SOFTWARE LICENSE FOR 30-DAY FREE TRIAL PERIOD
Subject to the terms and conditions of and except as otherwise provided in this License Agreement, Innovative Maintenance Systems grants to You a limited, nonexclusive, non-transferable and non-assignable license to evaluate Maintenance Pro and documentation (the “Software”) for your internal evaluation purposes only and for a term of thirty (30) days from the date you download or install the Software (the “Term”). Once 30-days have lapse, you may make a decision to purchase a licensed copy of Maintenance Pro.
- You must maintain all copyright notices on all copies of Maintenance Pro.
- Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble Maintenance Pro, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
- Rental. You may not rent or lease or lend Maintenance Pro.
- Software Transfer. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of Maintenance Pro (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), you do not receive any payment or other compensation for transferring Maintenance Pro and the recipient agrees to the terms of this EULA. If there is an upgrade, any transfer must include all prior versions of Maintenance Pro.
Without prejudice to any other rights, the Maintenance Pro publisher may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Maintenance Pro publisher may terminate this EULA by offering you a superseding EULA for Maintenance Pro or any replacement or modified version of or upgrade to Maintenance Pro and conditioning your continued use of Maintenance Pro or such replacement, modified or upgraded version on your acceptance of such superseding EULA. In addition, Maintenance Pro publisher may terminate this EULA by notifying you that your continued use of Maintenance Pro is prohibited. In the event that Innovative Maintenance Systems terminates this EULA, you must immediately stop using Maintenance Pro and destroy all copies of Maintenance Pro and all of its component parts.
All title and copyrights in and to Maintenance Pro (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into Maintenance Pro), the accompanying printed materials, and any copies of Maintenance Pro, are owned by Maintenance Pro publisher or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Maintenance Pro is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying Maintenance Pro.
5. EXPORT RESTRICTIONS.
You agree that you will not export or re-export Maintenance Pro, any part thereof, or any process or service that is the direct product of Maintenance Pro (the foregoing collectively referred to as the “Restricted Components”), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
6. DISCLAIMER OF WARRANTIES.
MAINTENANCE PRO PUBLISHER AND ITS SUPPLIERS PROVIDE MAINTENANCE PRO “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF MAINTENANCE PRO IS WITH YOU.
7. EXCLUSION OF ALL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAINTENANCE PRO PUBLISHER OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE MAINTENANCE PRO, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. LIMITATION AND RELEASE OF LIABILITY.
To the full extent allowed by law, YOU HEREBY RELEASE MAINTENANCE PRO PUBLISHER AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING MAINTENANCE PRO OR ITS USE. If you do not wish to accept Maintenance Pro under the terms of this EULA, do not install Maintenance Pro.
9. GOVERNING LAW.
If you acquired Maintenance Pro in the United States of America, the laws of the Commonwealth of Pennsylvania, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.
10. FAULT TOLERANCE.
THIS SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THIS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.