Exalead one:desktop 4.5.68.20

EULA - End User License Agreement

EXALEAD ONE:DESKTOP END-USER LICENSE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF EXALEAD ONE:DESKTOP SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS EXALEAD ONE:DESKTOP SOFTWARE.

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.

EXALEAD S.A. (“Exalead”) provides the computer software product named “EXALEAD ONE:DESKTOP” (the “Software”) and the associated documentation (the “Documentation”) both contained in the installation file and licenses their use to you under the terms and conditions set forth herein (the “License”). You assume responsibility for the download of the Software, and for the installation, use and result obtained from the Software.

LICENSE
1. You are granted a free, personal, non-transferable and non-exclusive license to use one copy of the Software on a single personal computer and to use the Documentation under the terms stated in this License. Title and ownership of the Software and Documentation remain to Exalead.
2. In order to qualify for the free use license described herein, you must have downloaded or received the Software in the form of an original Software distribution package as distributed by Exalead, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for the Software are available from Exalead and Exalead-authorized distributors. Copies of the Software not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
3. You may copy, store, distribute and transmit to others, free of charge, identical copies of this Original Distribution Package of Software to others, as long as it is deemed current by Exalead
4. You accept to use the Software for personal and private use only and commit not to use the Software for any commercial purpose.
5. You may not sell or license copies of the Software to others
6. You may not assign, sublicense or transfer this license to any third party and may not decompile, disassemble, reverse engineer, translate, modify, or create derivative works based on, the Software or Documentation for any purpose.
7. You may make a copy of the Documentation into machine readable or printed form in support of your use of the Software on a single computer. Reverse-engineering of the HTML pages used for displaying search results and the use of the search results, in particular on an HTTP server for external access, are explicitly prohibited.
8. You may not use the Software in or for High Risk Activities (defined below)
9. The Software and Documentation are copyrighted by Exalead. You agree to respect and not to remove or conceal from view any copyright, trademark or confidentiality notices appearing on the Software or Documentation, and to reproduce any such copyright, trademark or confidentiality notices on all copies of the Software and Documentation.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR DOCUMENTATION IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE SOFTWARE OR DOCUMENTATION TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

TERM
This license is effective until terminated. Exalead shall terminate the license at its sole discretion. You may also terminate it at any time by destroying the Software and Documentation with all copies, modifications and merged portions in any form. Exalead shall terminate the license if you fail to comply with any term or condition set forth herein. You agree upon such termination to destroy the Software and Documentation together with all copies, modifications and merged portions in any form.

LIMITATION OF LIABILITY
You may use the Software at your own risks. Exalead shall not be liable for any incompatibility between the Software and your computer. You declare to have verified that your hardware complies with the recommended configuration. You are liable for this compliance. It is your responsibility to verify your work and to make backup copies. Exalead will not be responsible for your failure to do so.

In no event will Exalead be liable for direct, indirect, special, incidental, tort, economic, cover, or consequential damages arising out of the use of or inability to use Exalead products or services, including, without limitation, damages or costs relating to the results displayed by the Software, the loss of profits, business, goodwill, data, or computer programs, even if advised of the possibility of such damages.

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Exalead and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS
Exalead may modify the present License without prior notice in case of any update or upgrade of the Software. You agree to be bound by the License as modified that will be freely available on Exalead’s website (www.exalead.com). The License shall be governed and construed in accordance with the laws of France. Any dispute relating to the License shall be submitted to the exclusive jurisdiction of the courts of Paris, France.