End User License Agreement for LumenLink (Personal Use License)
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), (the "User"), and John Hughes, the licensor of LumenLink ("Licensor"). This EULA permits you to use a single copy, or multiples copies of the software product identified above, which includes computer software and may include associated media, printed materials, and on-line or electronic documentation (the "Software").
By installing, copying, or otherwise using the Software, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
SOFTWARE PRODUCT LICENSE
The Software. is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
GRANT OF LICENSE. Provided the User complies with all terms and conditions of this EULA, the Licensor hereby grants and User accepts a personal, non-exclusive, non-transferable, revocable and limited license to use the Software solely for personal, non-commercial use in a license count not to exceed five Nodes (hereinafter, "Personal Use" license). This EULA does not entitle User to receive from the Licensor hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. The Software shall not be used for commercial or production purposes and may only be installed on a personally owned computer that does not belong to any business or institution and is not used by or on behalf of any business or institution. A Personal Use license expressly prohibits: (a) any direct or indirect monetary benefit from the use of the Software, (b) the use of the Software within the context of a home-based or part-time business, and (c) the use of the Software for any commercial, business, governmental, or institutional purpose (including educational and not-for-profit) of any kind. You may not distribute or sublicense the Software in any way.
Under this EULA, a "Node" is any asset under management by the Software. An asset is: (a) a physical device such as a computer, PDA, or server, (b) a virtual device, such as an operating environment that may be running concurrently with another operating environment on a single physical device (e.g., VMware*, Virtual PC*, Virtual Server*), or (c) an object stored by the Software in a database, such object representing a physical or virtual asset for which data is being tracked or managed by the Software (e.g., printer, copier, etc.). A Node will be deemed consumed once an asset (as defined above) has been managed by the Software product. An asset has been managed by the Software once the Software has (i) been run locally on an asset, (ii) remotely interacted with and/or received a response from an asset, (iii) configured or changed a setting of or migrated settings to or from an asset, or (iv) otherwise performed any management functionality that such particular Software product has been designed to perform with respect to an asset.
COPIES.
You may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software as licensed under this EULA, or (ii) is only for archival purposes to back-up the Software. All trademark, copyright, and proprietary rights notices must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.
LIMITATIONS ON REVERSE ENGINEERING.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SEPARATION OF COMPONENT.
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
TERM AND TERMINATION.
This EULA is effective until terminated. You may terminate this EULA by uninstalling and destroying all copies of the Software. Without prejudice to any other rights and remedies, the Licensor may terminate this EULA if User breaches any of any of the terms and conditions of this EULA. Upon termination, User shall destroy all copies of the Software. This shall not limit or affect any remedy available to the Licensor for your breach of this EULA.
DISCLAIMER OF WARRANTIES.
No Warranties. The Licensor expressly disclaims any warranty for the Software. The Software and any related documentation is provided "AS IS" without warranty or representation of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software remains with you.
NO LIABLILITY FOR DAMAGES.
To the maximum extent permitted by applicable law, the Licensor shall not in any case be liable for any indirect, specila, punitive, incidental, or consequential loss or damage of any kind, including without limitation, loss of profits, revenue, business, or data, or equipment downtime arising from or relating to this EULA or the use or inability to use the Software, regardless of the form of action and even if the Licensor has been advised of the possibility of damage. This disclaimer of liability will not be affected if any remedy provided herein fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these may not apply to you.
NOTICE.
The software is not intended or licensed for use in any hazardous or high risk activity.
SEVERABILITY. If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect.
ASSIGNMENT. You may not assign, sublicense, or transfer this EULA, the Software, or any rights or obligations hereunder without prior written consent of the Licensor. Any such attempted assignment, sublicense, or transfer will be null and void. The Licensor may terminate this EULA in the event of any such attempted assignment, sublicense, or transfer.
COPYRIGHT. All versions of the Software including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The sole property belongs to the Licensor. The Software may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of the Licensor.
PERMITTED USE OF CONTENT. You are granted permission to use the Software solely for your personal, noncommercial use. All other uses of the Software are strictly prohibited without the prior written approval of the Licensor. You agree not to sell, license, or rent the Content in its original or any modified form.
RESERVATION OF RIGHTS. All rights not expressly granted to User by this EULA are hereby reserved by the Licensor.
This EULA is subject to change without notice. The current EULA can be obtained from johnnynine.com.