Blue Label PoweEmulator 1.8

EULA - End User License Agreement

End User License Agreement

ATTENTION: THIS PROGRAM IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PROGRAM AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY LISMORE SOFTWARE SYSTEMS, LTD.

A. LICENSE:
Lismore Software Systems ("we" or "us") provides you with a computer program (the "Program"), and grants you a license to use the Program in accordance with the terms of this License. The copyright and all other rights to the Program shall remain with us or our suppliers. You must reproduce any copyright or other notice marked on the Program on all copies you make.

B. YOU MAY:
1. use the Program only on computers owned by your family.
2. make one copy of the Program for archive or backup purposes on each computer your family owns.
3.Transfer the product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy all and any copies (including hard disk copies) made for purpose of use, or in support of your use of the product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.

C. YOU MAY NOT:
1. use the Program or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Program except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Program except as set out in paragraph B above.
4. modify the Program.

D. TERM: This License shall continue for as long as you use the Program. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Program. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

E. LIMITATIONS OF WARRANTIES AND LIABILITY: THIS SOFTWARE IS PROVIDED AND LICENSED BY LISMORE SOFTWARE SYSTEMS ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NEITHER LISMORE SOFTWARE SYSTEMS NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF LISMORE SOFTWARE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. LISMORE SOFTWARE SYSTEMS IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH ORDEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

F. U.S. Government Rights: With respect to any acquisition of the Software or Software product by or for any unit or agency of the United States Government (the "Government"), the Software or Software product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Software or Software product was developed entirely at private expense, and no part of the Software or Software product or Tracks was first produced in the performance of a Government contract. If the Software or Software product is supplied for use by DoD, the Software or Software product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Software or Software product is supplied for use by a Federal agency other than DoD, the Software or Software product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is Lismore Software Systems, Ltd, First Flor 17, Dume Street, Dublin 2, Republic of Ireland.

G. ELIGIBILITY: To be eligible to purchase the Program you must be in compliance with applicable export laws. By accepting the End User License agreement you are representing and warranting to Lismore Software Systems you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of : Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Program, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Program, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Program for, and will not allow the Program to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to purchase the Program.

H. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Republic of Ireland, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux prEsentes ont exigE que cette entente et tous autres documents envisagEs par les prEsentes soient rEdigEs en anglais.

BY ACCEPTING THIS END USER LICENSE AGREEMENT YOU CERTIFY TO LISMORE SOFTWARE SYSTEMS ON BEHALF OF YOURSELF AND/OR YOUR COMPANY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT INCLUDING THE GUIDELINES FOR THE USE OF ANY ADDENDUMS HERETO AND ARE ELIGIBLE TO PURCHASE THE PROGRAM. INSTALLING THE PROGRAM WILL BE AN IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.