Eagle Shareware License

LICENSE

THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EAGLE INFORMATION MAPPING, INC. (EIM) FOR THE SOFTWARE PRODUCT(S) IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA INCLUDING ON-LINE AND/OR HARD-COPY DOCUMENTATION ("SOFTWARE PRODUCT"). PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS SOFTWARE LICENSE AGREEMENT.IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AS STATED, THEN EIM IS UNWILLING TO LICENSE THE SOFTWARE PRODUCT TO YOU, IN WHICH EVENT YOU SHOULD PROMPTLY RETURN THE SOFTWARE PRODUCT TO EIM OR ITS AUTHORIZED AGENT.

SOFTWARE PRODUCT LICENSE: The Software Product is owned by EIM and its third party licensor(s) and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  This Agreement is between the end user ("Licensee") and EIM and gives Licensee certain limited rights to use the proprietary Software Product.  The Software Product is licensed, not sold. All rights not specifically granted in this Agreement are reserved to EIM.

PERMITTED USES: Licensee, its employees, contractors, and agents shall use the Software Product only for Licensee's benefit.

OTHER RIGHTS AND LIMITATIONS: Licensee shall not sell, rent, lease, sublicense, lend, assign, timeshare, or transfer, in whole or in part, or provide unlicensed third parties access to prior or present version of the Software Product, any updates, or Licensee's rights under this agreement. 

Licensee shall not 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.

The Software Product is licensed as a single product. Its component parts may not be separated for use.

Without prejudice to any other rights, EIM may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must destroy all copies of the Software Product and all of its component parts.

WARRANTY: Neither EIM Nor any of its subsidiaries, officers, directors or shareholders represent or warrant that the Software Product is accurate, adequate, and complete in all respects or fit for any purpose. THE SOFTWARE PRODUCT IS IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. EIM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: EIM and its suppliers shall not be liable for special, indirect, incidental, or consequential damages related to Licensee's use of the Software Product, even if EIM has been advised of the possibility of such damages. Licensee agrees that EIM has no liability for damages and Licensee releases EIM from liability for any direct or indirect or consequential or incidental damages and losses that result from errors or omissions in the Software Product or the use of the Software Product.

The Software Product was released on a particular date, is offered on an "as-is" basis and subsequent facts, circumstances or events may render the Software Product inappropriate, incomplete or inaccurate. EIM assumes no responsibility to alert, inform or advise Licensee of facts, material adverse events, circumstances or developments that may arise after the date the Software Product was released. The Software Product may be changed, modified or corrected as and when deemed suitable, practical and without any notice to any user or with any responsibility or liability for any cause or effect of such change.

WAIVERS: No failure or delay by EIM in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by EIM.

EXPORT REGULATIONS: Licensee acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders related to the export of computer software or know-how relating thereto.  EIM Software Product has been determined to be Technical Data under the United States export laws.  Licensee agrees to comply with all laws, regulations, or orders of the United States in regard to any export of such Technical Data.  Licensee agrees not to disclose or re-export any Technical Data received under this Agreement in or to any country for which the United States Government requires an export license or other supporting documentation at the time of export or transfer, unless Licensee has obtained prior written authorization from EIM and the U.S. Office of Export Control.

U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication, and disclosure by the U.S. Government are subject to restrictions as set forth in FAR 52.227-14 Alternate III (g)(3) (JUN 1987), FAR 52.227-19 (JUN 1987), DFARS 252.227-7015 (NOV 1995) [Technical Data, and/or DFARS 227-7202 Computer Software], as applicable. Manufacturer is Eagle Information Mapping, Inc., 16430 Park Ten Place, Houston, TX 77084 USA.

GOVERNING LAWS: This Agreement is governed by the laws of the United States of America and the State of Texas without reference to conflict of laws of principles.

ENTIRE AGREEMENT: The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto and is effective, valid, and binding upon the parties.