End User License Agreement
This End-User License Agreement ("EULA") is a legal agreement between the person, company, or organization (“Customer”) and Dovetail Software (“Dovetail”), for licensed Software. By installing and using the Software, you agree to be bound by all of the terms and conditions of this EULA. If you do not agree to the terms of this EULA, or do not have the authority to bind Customer, you may not install or use the Software.
The definitions of the terms below apply throughout this Agreement.
- “Party” means either Customer or Dovetail. “Parties” means both.
- “Software” means Dovetail BOLT and the associated computer programs (either executable program or source code), and documentation describing Dovetail BOLT’s use or design.
- Dovetail grants Customer a nonexclusive, nontransferable license to use the Software. Customer may only use the Software as expressly authorized by this Agreement, in the ordinary course of its own business. Customer agrees not to distribute or make copies of the Software for use by any other person.
- Customer agrees to ensure its employees and agents satisfy Customer’s obligations under this Agreement, to ensure copies of the Software retain copyright notices, to ensure any export of the Software outside the United States complies with export control laws, to maintain the confidentiality of source code, and to cooperate reasonably with Dovetail (at Dovetail’s expense) to protect Dovetail’s rights in the Software. Customer agrees not to make the Software available to others without Dovetail’s written consent, to reverse engineer or otherwise emulate the functionality of any object code or assist others in doing so, to assign, sell, sublicense, or transfer the Software or this Agreement, to sell or distribute software that is competitive with or functions similarly to source code for a period ending four years after delivery to Customer, to export the Software to the extent prohibited by law, or to use the Software as part of a service bureau, Application Service Provider (ASP), or similar structure that allows third parties to use or benefit from the use of the Software, whether over the Internet or otherwise.
- Dovetail owns all versions, modifications, and works derivative to the Software. Customer acknowledges Dovetail has copyright, trade secret, trademark, and other rights in the Software. Customer has no right, title, or interest in the Software; the only rights it has to the Software are expressly set forth in Section 2. Customer can modify any source code for its use (as authorized in Section 2), but cannot transfer modifications to third parties without Dovetail’s written consent.
- Dovetail will not provide Maintenance for the Software.
THE FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH Dovetail EXPRESSLY DISCLAIMS. THIS SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS". YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE SOFTWARE PRODUCT AND ALL OTHER RISK ARISING FROM THE USE OR PERFORMANCE OF THIS SOFTWARE PRODUCT AND DOCUMENTATION.
Dovetail SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF Dovetail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dovetail BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF Dovetail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Texas law governs the Parties’ performance and this Agreement, which is made in Austin, Texas.