TeamImprover SharePoint Org Chart Web Part
End User License Agreement (EULA)
This license superceeds any license contained within the software
END-USER LICENSE AGREEMENT FOR THE TEAMIMPROVER SHAREPOINT
ORGANISATION CHART WEBPART
IMPORTANT- READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
This End User License Agreement (this "EULA") contains the terms and conditions
regarding your use of the SOFTWARE (as defined below) and material limitations to
your rights in that regard. You should read this EULA carefully.
By installing the <b>SharePoint Org Chart Web Part</b> software (hereinafter the
"SOFTWARE"), you are accepting the following EULA.
I. THIS EULA.
1. Software Covered by this EULA. This EULA governs your use of the TeamImprover.Com Ltd
("TEAMIMPROVER") SOFTWARE enclosed either as part of
a SOFTWARE installer or otherwise accompanied herewith. The term "SOFTWARE" includes,
to the extent provided by TEAMIMPROVER: 1) any revisions, updates
and/or upgrades thereto; 2) any data, image or executable files, databases, data
engines, computer software, or similar items customarily used or distributed with
computer software products; 3) anything in any form whatsoever intended to be used
with or in conjunction with the SOFTWARE; and 4) any associated media, documentation
(including physical, electronic and online) and printed materials (the "Documentation").
2. This EULA is a legal agreement between you and TEAMIMPROVER.
If you are acting as an agent of a company or another legal person, such as an officer
or other employee acting for your employer, then "you" and "your" mean your principal,
the entity or other legal person for whom you are acting. However, importantly,
even if you are acting as an agent for another, you may still be personally liable
for violation of laws such as copyright infringement.
This EULA is a legal agreement between you and TEAMIMPROVER. You
intend to be legally bound to this EULA to the same extent as if TEAMIMPROVER and you physically signed this EULA. By installing, copying, or otherwise
using the SOFTWARE, you agree to be bound by the terms and conditions contained
in this EULA. If you do not agree to all of the terms and conditions contained in
this EULA, you may not install or use the SOFTWARE. If you have already installed
or begun to install the SOFTWARE you should cancel any install in progress and uninstall
the SOFTWARE. If you do not agree to all of these terms and conditions, then you
must promptly return the uninstalled SOFTWARE to the place from which you purchased
it in accordance with the return policies of that place.
II. GRANT OF LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
The SOFTWARE PRODUCT is licensed as follows: TEAMIMPROVER grants
you the right to install and use the SOFTWARE PRODUCT on DEVELOPMENT,
TEST, PRODUCTION and DISASTER RECOVERY servers within your organisation. You
may also backup the SOFTWARE PRODUCT as may be necessary for archival or disastery recovery purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright
Notices. You must not remove or alter any copyright notices on any and all
copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute
registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions
available for download from TEAMIMPROVER websites may be
freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and
Disassembly. You may 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. (d) Rental. You may
not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. TEAMIMPROVER may provide you with support services related to the
SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided
to you as part of the Support Services shall be considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance
with Applicable Laws. You must comply with all applicable laws regarding use of
the SOFTWARE PRODUCT.
4. License Serial Number. Upon purchase of the SOFTWARE a unique license serial
number (the "Serial Number") is provided by TEAMIMPROVER either
electronically or via the delivery channel. The Serial number provides a means to
identify the SOFTWARE. The Serial Number is subject to the restrictions set forth
in this EULA and may not be disclosed or distributed either with your Developed
Software or in any other way. The disclosure or distribution of the Serial Number
shall constitute a breach of this EULA, the effect of which shall be the automatic
termination and revocation of all the rights granted herein.
5. Updates/Upgrades. Subject to the terms and conditions of this EULA, the Licenses
are perpetual. Updates and upgrades to the SOFTWARE may be provided by TEAMIMPROVER at their discretion at timely intervals though TEAMIMPROVER
does not commit to providing such updates or upgrades, and, if so provided by
TEAMIMPROVER, are provided upon the terms and conditions offered at that
time by TEAMIMPROVER.
6. Evaluation or Beta Copy. If you are using an "evaluation copy", "Beta" copy or
similar version, specifically designated as such by TEAMIMPROVER
on its website or otherwise, then the Licenses are limited as follows: a) you are
granted a license to use the SOFTWARE for a period of fifty (50) days counted from
the day of installation (the "Evaluation Period"); b) upon completion of the Evaluation
Period, you shall either i) delete the SOFTWARE from the computer containing the
installation, or you may ii) contact TEAMIMPROVER or one of its
authorized dealers to purchase a license of the SOFTWARE, which is subject to the
terms and limitations contained herein; and c) any Developed Software developed
with an evaluation or Beta copy may not be distributed or used for any commercial
III. INTELLECTUAL PROPERTY.
1. Copyright. You agree that all right, title, and interest in and to the SOFTWARE
(including, but not limited to, any images, photographs, code examples and text
incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights
and other intellectual properties therein or related thereto are owned exclusively
by TEAMIMPROVER, except to the limited extent that TEAMIMPROVER may be the rightful license holder of certain third-party technologies
incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and
international treaty provisions. The SOFTWARE is licensed to you, not sold to you.
TEAMIMPROVER reserves all rights not otherwise expressly and specifically
granted to you in this EULA.
2. Backups. You may store the SOFTWARE for backup or archival purposes.
3. General Limitations. You may not reverse engineer, decompile, or disassemble
the SOFTWARE, except and only to the extent that applicable law expressly permits
such activity notwithstanding this limitation.
4. Software Transfers. You may not rent or lease the SOFTWARE. You may transfer
the SOFTWARE PRODUCT to another organisation, provided that it is completely removed from the
your organisation in doing so you permanently transfer all of your
rights under the EULA. TEAMIMPROVER should be notified in writing of license transfers
where the company of the recipient is different to that of the original licensee.
If the SOFTWARE is an update or upgrade, any transfer must include all prior versions
of the SOFTWARE.
5. Termination. Without prejudice to any other rights it may have, TEAMIMPROVER may terminate this EULA and the Licenses if you fail to comply with
the terms and conditions contained herein. In such an event, you must destroy all
copies of the SOFTWARE and all of its component parts.
IV. DISCLAIMER and WARRANTIES
1. Disclaimer TEAMIMPROVER's entire liability and your exclusive
remedy under this EULA shall be, at TEAMIMPROVER's sole option,
either (a) return of the price paid for the SOFTWARE; (b) repair the SOFTWARE through
updates distributed online. TEAMIMPROVER cannot and does not guarantee
that any functions contained in the Software will meet your requirements, or that
its operations will be error free. The entire risk as to the Software performance
or quality, or both, is solely with the user and not TEAMIMPROVER.
You assume responsibility for the selection of the component to achieve your intended
results, and for the installation, use, and results obtained from the SOFTWARE.
2. Warranty. TEAMIMPROVER makes no warranty, to the maximum extent
permitted by law, either implied or expressed, including with-out limitation any
warranty with respect to this Software documented here, its quality, performance,
or fitness for a particular purpose. In no event shall TEAMIMPROVER
be liable to you for damages, whether direct or indirect, incidental, special, or
consequential arising out the use of or any defect in the Software, even if TEAMIMPROVER has been advised of the possibility of such damages, or for
any claim by any other party. All other warranties of any kind, either express or
implied, including but not limited to the implied warranties of merchantability
and fitness for a particular purpose, are expressly excluded.
1. This is the Entire Agreement. This EULA (including any addendum or amendment
to this EULA included with the SOFTWARE) is the final, complete and exclusive statement
of the entire agreement between you and TEAMIMPROVER relating to
the SOFTWARE. This EULA supersedes any prior and contemporaneous proposals, purchase
orders, advertisements, and all other communications in relation to the subject
matter of this EULA, whether oral or written. No terms or conditions, other than
those contained in this EULA, and no other understanding or agreement which in any
way modifies these terms and conditions, shall be binding upon the parties unless
entered into in writing executed between the parties, or by other non-oral manner
of agreement whereby the parties objectively and definitively act in a manner to
be bound (such as by continuing with an installation of the SOFTWARE, "clicking-through"
a questionnaire, etc.) Employees, agents and other representatives of TEAMIMPROVER are not permitted to orally modify this EULA.
2. You Indemnify TEAMIMPROVER. You agree to indemnify, hold harmless,
and defend TEAMIMPROVER and its suppliers and resellers from and
against any and all claims or lawsuits, including attorney's fees, that arise or
result from this EULA.
3. Unless explicitly requested TeamImprover may use your organisation name in additional marketing material.
4. Interpretation of this EULA. If for any reason a court of competent
jurisdiction finds any provision of this EULA, or any portion thereof, to be
unenforceable, that provision of this EULA will be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder
of this EULA will continue in full force and effect. Formatives of defined terms
shall have the same meaning of the defined term. Failure by either party to
enforce any provision of this EULA will not be deemed a waiver of future
enforcement of that or any other provision. Except as otherwise required or
superseded by law, this EULA is governed by the laws of the United Kingdom.