ENGSOFT Software End User License Agreement

 

Subject to the terms of this License, ENGSOFT Lab having its head office in Seoul, the Republic of Korea (hereinafter " Licensor") grants to you a limited, non-transferable, non-sublicensable, non-exclusive license to use Licensor's proprietary computer software, documentation and third-party software provided by Licensor under this License (all including hereinafter "ENGSOFTware") for your business purpose.

You may copy the ENGSOFTware for archival purpose, provided any copy must contain all of the original software's proprietary notices.   However, the dongle key being provided with the ENGSOFTware must not be copied.   You may not, directly or indirectly, modify, translate, reverse engineer, decompile, disassemble the ENGSOFTware and the dongle key being provided.

Unless otherwise agreed to by Licensor by way of a separate written document, exhibit or addendum, you shall have the right to install multiple copies of ENGSOFTware, but only to run on a single computer workstation for use by a single user with the dongle key being provided with ENGSOFTware.   ENGSOFTware can not be used by more than one user in LAN(Local Area Network) system by intalling the dongle key on the LAN server workstation.

This agreement does not entitle you to any maintenance, upgrade, patches, enhancements, fixes, new versions or other support for the ENGSOFTware.   Such support services are available under separate written agreement.   If the ENGSOFTware is an upgrade of a previous version (provided such upgrade was obtained under a separate support service agreement with Licensor), you may use the upgraded ENGSOFTware only in accordance with this License.

The ENGSOFTware is considered accepted by you upon receipt.   This License is effective until terminated.   Licensor may terminate this License immediately if you fail to comply with any of the terms and conditions herein.   Upon termination, you shall cease using the ENGSOFTware and certify to Licensor within one(1) month of the termination that you have destroyed or returned to to Licensor the ENGSOFTware along with the dongle key being provided.

The ENGSOFTware is licensed and not sold.   You agree that Licensor owns all proprietary rights including, but not limited to, any patent, copywright, trade secret, trademark, and other proprietary rights, in and to the ENGSOFTware.

Licensor warrants, for your benefit alone, that under normal use the media in which the ENGSOFTware is embedded shall be free from defects in material and workmanship, for a period of sixty(60) days from the date of delivery of the initial ENGSOFTware (hereinafter "Warranty Period").    

Licensor warrants, for your benefit alone, that during the Warranty Period, the ENGSOFTware will perform substantially in accordance with its intended function.   If, during the Warranty Period, an Error occurs (where "Error" is defined as a problem caused by an incorrect operation of the unmodified computer code in the ENGSOFTware or an incorrect statement or diagram in documentation that produces incorrect results), Licensor will use commercially reasonable efforts to correct such Error, provided you furnish Licensor with written notice of the warranty claim, including a description of failure and, to the extent feasible, a representative sample of inputs.   If Licensor is unable, after commercially reasonable efforts, to correct the Error, your sole remedy shall be termination of this License and a refund of the license fees allocable to the specific nonconforming ENGSOFTware that have been paid by you to Licensor hereunder.

Any remedial steps taken by Licensor hereunder shall not extend the applicable Warranty Period.   Except as expressly authorized by Licensor in writing, all Third-Party software shall carry only the warranties provided by the owners thereof and Licensor gives no warranties for such Third-Party software.

Total liability of Licensor, on all claims of any kind arising use of the ENGSOFTware, shall not exceed the price of the ENGSOFTware giving rise to the claim.

All Licensor's liability under this License shall terminate upon the expiration of the Warranty Period.   In no event, shall Licensor be liable for loss of profits or revenues, loss of use of the ENGSOFTware or any associated equipment, interruption of business, cost of capital, cost of cover, downtime costs, or for any special, consequential, incidental, indirect, punitive or exemplary damages.

If Licensor furnishes you with advice or assistance that is not required under this License, the furnishing of such advice or assistance will not subject Licensor to any liability, whether in contract, indemnity, warranty, tort(including negligence), strict liability, or otherwise.

The ENGSOFTware is protected by copyright laws of the Republic of Korea and international copyright treaties. (End)


Copyright (c) 2013 ENGSoft Inc., Seoul, Korea, All right reserved / www.engsoft.co.kr