Applies to:
Revelation NLM
Revelation NT/2000 Service
Revelation Network Performance Pack
Revelation Universal Driver
Revelation Universal Driver Lite
Revelation Universal Driver Heavy
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND REVELATION SOFTWARE (Revelation). READ THESE TERMS AND CONDITIONS BEFORE OPENING THE MEDIA PACKAGE AND/OR INSTALLING OR DOWNLOADING THE PRODUCT. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PRODUCT TO REVELATION OR ABORT THE DOWNLOAD SESSION. This AGREEMENT governs the use of the software and documentation contained in the Network Communication Products. Installation, copying, downloading, or any other use of the software indicates your agreement with the terms and conditions set forth.
I. GRANT OF LICENSE
Revelation grants Company a non-exclusive license to install and use one (1) copy of the software and one (1) copy of the documentation on one (1) computer. Company may make one (1) copy of the software for backup purposes only consistent with and under the limitations of 17 U.S.C. § 117. All other rights are reserved to Revelation. This software is protected by copyright law, international copyright treaty and by Revelation’s defined licensing requirements.
The Revelation NLM, Universal Driver, Universal Driver Lite and Universal Driver Heavy products are licensed per file server. The implementation and use of these products work in conjunction with properly licensed network user licenses (OpenInsight NULs, OpenInsight SDPs or Advanced Revelation Lanpacks)*. A Network Product can not be duplicated nor applied more than once. If you need to deploy the application on multiple servers, additional Network Products must be purchased.
The Revelation Network Performance Pack is licensed per copy of Advanced Revelation (per uniquely serialized Arev exe). A Network Performance Pack can not be installed in more than one copy of Advanced Revelation. If you need to install the Network Performance Pack on multiple copies of Advanced Revelation, additional Network Performance Packs must be purchased.
II. TERM OF AGREEMENT
The term of this Agreement shall commence on the date Company receives the product. This Agreement remains in effect until terminated. This Agreement shall automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination of this Agreement, Company shall cease use of the Product and, upon request, return to Revelation or certify destruction of the Product, including documentation and any related materials.
III. LIMITED WARRANTY
Revelation Software warrants the physical media and physical documentation provided by Revelation Software to be free of defects in materials and workmanship for a period of ninety (90) days from the original purchase date. If Revelation Software receives notification within the warranty period of defects in materials or WORKMANSHIP, and determines that such notification is correct, Revelation Software will replace the defective media or documentation. YOU MAY NOT RETURN ANY PRODUCT UNTIL YOU HAVE OBTAINED A RETURN AUTHORIZATION NUMBER FROM REVELATION SOFTWARE’S CUSTOMER CARE DEPARTMENT. REVELATION SOFTWARE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Specifically, Revelation Software makes no representation or warranty that the software or documentation is "error-free" or meet any user's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition, or other term is limited to the physical media and documentation and is limited to the 90-day duration of the limited warranty.
IV. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVELATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF REVELATION HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
IN NO EVENT SHALL REVELATION’S TOTAL LIABILITY TO RECIPIENT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY RECIPIENT (IF ANY) FOR THE PRODUCT.
SEVERABILITY
If any provision of this Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth shall remain in effect.
VI. GOVERNMENT RESTRICTIONS
Use, duplication or disclosure of the software and documentation in this package, by the U.S. Government is subject to the restricted rights applicable to commercial software under clauses 52.227-19 of the FAR and 252.227-7013 of the DFARS.
VII. APPLICABLE LAW; LEGAL PROCEEDINGS
This Agreement shall be deemed to have been executed and delivered within the Commonwealth of Massachusetts and this Agreement and the rights and obligations of Revelation and Company shall be construed, interpreted and governed under the laws of the State of New Jersey, U.S.A. Company absolutely and irrevocably consents and submits to the jurisdiction and venue of the courts of the State of New Jersey and of any federal court located in the State of New Jersey in connection with any actions or proceedings arising out of or relating to this Agreement and agrees that any actions or proceedings arising out of or relating to this Agreement shall be brought in the courts of the State of New Jersey or in the United States District Court for the District of New Jersey, Eastern District. In any such action or proceeding, Company hereby absolutely and irrevocably waives personal service of any summons, complaint, declaration or other process and hereby absolutely and irrevocably agrees that service thereof may be made by certified first class mail directed to Company at the address set forth below.
VIII. RESTRICTIONS
You may not alter, merge, modify or adapt the software in any way including disassembling or decompiling. You may not rent, loan, or lease the software or any copy.
TRANSFER OF SOFTWARE
You may transfer all of your rights to use the software to another person within the same company, provided that you transfer to that person all of the software, CD’s, diskettes, and documentation provided in this package (including this statement), and transfer or destroy all copies in any form. Once you transfer the software, you no longer have any right to use it. The person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this statement.
If the Company merges with, is acquired by, or otherwise sells or transfers all or substantially all of its business to a third party, the Company may assign this Agreement to the third party and agrees in writing prior to any such transfer, to be bound by all of the terms and conditions of this Agreement. Except as set forth above, this Agreement shall not be assigned or transferred without the written consent of Revelation Software.
UPGRADING
An upgrade version of the software constitutes a single product. An upgrade and the original software that you upgraded cannot both be available for use at the same time, cannot be applied to more than one licensed product, and cannot be transferred separately, without written permission from Revelation Software.
EXPORTS
Company understands that the product is subject to regulations by agencies of the United States Government as well as laws and regulations of other applicable countries which prohibit export or diversion of certain technical products to certain countries and individuals. Company shall comply in all respects with all applicable export and re-export restrictions applicable to the product or related materials.
AUDIT
During the term of this Agreement, Company shall permit Revelation Software or Revelation Software’s authorized representative, upon reasonable notice and during normal business hours, to (a) inspect and audit the Company’s books and records relating to this Agreement and (b) perform data processing audits to ensure compliance with this Agreement.
XIII. ENTIRE AGREEMENT
This Agreement is the complete and exclusive statement of the agreement between Company and Revelation Software regarding the subject matter hereof and supersedes all agreements and any other communications, whether oral, written or implied, between Company and Revelation Software. This Agreement may be modified, changed, or revised only by a written agreement between Company and an authorized officer of Revelation Software.
* The exception to this is the Revelation Universal Driver Lite which will allow no more than three concurrent users regardless of how many users the Revelation application will allow.
