END USER LICENSE AGREEMENT
Copyright © 2008 GreenSock, Inc.
All rights reserved.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY DOWNLOADING OR USING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
Single User License Grant: GreenSock, Inc. ("GREENSOCK") located at 1936 Pleasant Ave., Saint Charles, IL 60174, and its suppliers grant to customer ("LICENSEE") a nonexclusive and nontransferable license to use the GREENSOCK software ("Software") solely on a single computer owned or leased by LICENSEE.
Multiple-Users License Grant: GreenSock, Inc. ("GREENSOCK") located at 1936 Pleasant Ave., Saint Charles, IL 60174, and its suppliers grant to customer ("LICENSEE") a nonexclusive and nontransferable license to use the GREENSOCK software ("Software"): (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by LICENSEE for which LICENSEE has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. LICENSEE may only use the programs contained in the Software (i) for which LICENSEE has paid a license fee (or in the case of an evaluation copy, those programs LICENSEE is authorized to evaluate). LICENSEE grants to GREENSOCK or its independent accountants the right to examine its books, records and accounts during LICENSEE's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, LICENSEE shall promptly pay to GREENSOCK the appropriate licensee fee for the additional computers or users. At GREENSOCK's option, GREENSOCK may terminate this license for failure to pay the required license fee.
LICENSEE may make one (1) archival copy of the Software provided LICENSEE affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, LICENSEE SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
LICENSEE agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of GREENSOCK. LICENSEE agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of GREENSOCK. LICENSEE agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with GREENSOCK.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GREENSOCK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. GREENSOCK shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from this Agreement or use of the SOFTWARE, even if GREENSOCK has been or is hereafter advised of the possibility of such damages. Because some states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to LICENSEE. In no event, however, will GREENSOCK be liable to LICENSEE, under any theory of recovery, in an amount in excess of the license fee paid by LICENSEE under this Agreement.
This License is effective until terminated. LICENSEE may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from GREENSOCK if LICENSEE fails to comply with any provision of this License. Upon termination, LICENSEE must destroy all copies of Software.
This License shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.