ProTrix end of user license agreement
IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND PROTRIX. BY DOWNLOADING OR USING THE SOFTWARE IN ANY WAY, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO USE OR COPY THE SOFTWARE TO ANY FORM OF MEMORY AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.
Protrix recognises the product Adobe Dreamweaver, Macromedia, Adobe, Microsoft's Internet Explorer, Mozilla Firefox, Microsoft, Microsoft Windows, Microsoft Excel, Wink, Download.com and any other third party software and trademarks. Protrix does not affiliate or represent any of these third parties, their software, or trademarks. May it be due noted that any images, audio or copyright material used or captured, viewed, or written about these third parties are referenced to them.
1. Definitions
(A) "Protrix" means Protrix, its employees, and its licensors, if any.
(B) "Software" means only the Protrix software program(s) and third party software programs, in each case, supplied by Protrix herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such Software which you are entitled to receive and that has been provided to you by Protrix shall also mean Software for purposes of this Agreement.
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
(a) You may install/copy/download and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared, installed or used concurrently on different computers. Except solely for purposes of installing the Software on a computer as described above, a license for the Software may not be accessed and used via a server or network storage device, including without limitation through Citrix and Citrix-type environments. Subject to the terms and conditions set forth in this EULA, you shall not have more than one installation of the Software on any single computer.
(b) Subject to the terms and conditions of this Agreement, in the event the Software is distributed along with other Protrix software products as part of a suite of products, the license is licensed as a single product and none of the products in the Suite, including the Software, may be separated for installation or use on more than one computer.
(c) You may make one copy of the Software in machine-readable form solely for backup purposes. In addition, you may not distribute an End User Product the purpose of which is to replay the courseware, presentations, interactive multimedia material, interactive entertainment products and the like of others.
(d) You may not use the software for viewing as part of a commercial training course, commercial course, or similar purposes, without either expressed permission from Protrix, or a training license being bought. Note - the prices of these commercial training licenses are given on a case by case bases and will remain at very competitive rates.
(e) You agree that Protrix may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Protrix for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
(f) You may not use Protrix's name, logos or other Protrix trademarks for any commercial gain. No virus, spyware, adware, trojans, or similar are put knowingly into, or with, or alongside the Software. You agree to indemnify, hold harmless and defend Protrix from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Software.
(g) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not broadcast or show the Software tutorials over any medium such as but not limited to: the Internet, television or radio, without expressed written permission from Protrix.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless a special license is obtained under written permission from Protrix, you may not rent, lease, lend, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, all platforms, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the copy of the Software is licensed as part of the whole suite , the Software shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount, Not for Sale version/license, Trial Version/license, Version/license given for free, Educational version/License, or similar.
(e) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
(i) You may not export the Software into any country prohibited by the United Kingdom.
(j) In the event that you fail to comply with this EULA, Protrix may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
4. Ownership
The foregoing license gives you limited license to use the Software. Protrix and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including International Copyrights, are reserved by Protrix and its suppliers.
5. LIMITED WARRANTY AND DISCLAIMER
(a) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, PROTRIX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. PROTRIX DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. PROTRIX SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (30) DAYS FROM THE DATE OF DELIVERY.
(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROTRIX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
6. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Protrix no more than fourteen (14) days following delivery to you, Protrix will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. An administration charge from Protrix will be given. Protrix shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
7. LIMITATION OF LIABILITY
(a) NEITHER PROTRIX NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROTRIX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
(c) IN CASES OF DESPUTE, PROTRIX RESERVES THE RIGHT TO REFUSE LIABILITY, REPLACEMENT AND RE-EMBURSEMENT OF ANY KIND.
8. Limitations or exclusions of warranties and liability
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
9. Special Note for the purchase, use and liability for suspected fraud and fraudulent users and/or customers
Protrix retains the right to refuse selling of Software, reimbursing, or replacing Software to customers who Protrix suspects are committing fraud, redistributing, hiring, making copies (apart from 1 backup copy) of Protrix Software or other software. In particular it should noted that this applies to customers who sell 'suspiciously cheap' tutorial software on ebay.
