THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ANALYSE-IT SOFTWARE LIMITED FOR THE SOFTWARE PRODUCT ANALYSE-IT FOR MICROSOFT EXCEL, WHICH INCLUDES COMPUTER SOFTWARE, PRINTED MATERIALS, AND ELECTRONIC DOCUMENTATION (“SOFTWARE”). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE, AND DESTROY ALL COPIES.
The SOFTWARE is protected by copyright and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF LICENSE
ANALYSE-IT SOFTWARE LIMITED grants you a non-exclusive license to use the SOFTWARE subject to restrictions:
A time-limited license permits use of the SOFTWARE during the specified time period. After the time period expires you must either (a) destroy all copies of the SOFTWARE, or (b) purchase a license to use the SOFTWARE.
A fixed per-user user license permits a fixed number of users to install and use the software on their computer, and optionally on their laptop or home computer. The SOFTWARE may be installed and used only by the number of users as you have fixed per-user licenses for.
A floating concurrent-user license permits an unlimited number of users to install the software on their computer or laptop computer, but limits the number of users of the software at any time. The SOFTWARE may be used concurrently by as many users as you have floating concurrent-user licenses for. Use of the SOFTWARE requires an active Internet connection to our license server to control concurrent usage.
OTHER RIGHTS AND LIMITATIONS
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.
You may not attempt to bypass any license control restrictions imposed by the SOFTWARE.
You may not rent, lease, or loan the SOFTWARE.
You agree to hold the SOFTWARE in confidence and to take reasonable steps to prevent unauthorised copying.
You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE, and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
LICENSE VIOLATION
We collect information about your computer, including a unique computer identifier to determine the number of installations of the software, and also collect information about your version of Windows, Excel, your IP address, and your name / company / e-mail address. This information is held in the strictest confidence and is used to inform you of updates and also to detect, prevent and prosecute violation of the license terms and conditions.
DUAL VERSIONS
You may receive multiple versions of the SOFTWARE for different versions of Microsoft Excel. Regardless you may only install or use the SOFTWARE on a single computer system located at your site. You may not use or install the other versions on another computer, nor loan, rent, lease or otherwise transfer them except as part of a permanent transfer as provided above.
UPGRADES
If the SOFTWARE is labelled as an upgrade, you must be properly licensed to use a product identified by ANALYSE-IT SOFTWARE LIMITED as being eligible for the upgrade. SOFTWARE labelled as an upgrade replaces and/or supplements the product that formed your eligibility for the upgrade. You may use the resulting updated SOFTWARE only in accordance with the terms of this EULA.
COPYRIGHT
All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, are owned by ANALYSE-IT SOFTWARE LIMITED. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE in accordance with the Grant of License provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
LIMITED WARRANTY
ANALYSE-IT SOFTWARE LIMITED makes no warranty, expressed or implied, about the merchantability or fitness for a particular purpose, of the SOFTWARE during the evaluation period. You install it, and evaluate it, entirely at your own risk.
Only when a license has been purchased does ANALYSE-IT SOFTWARE LIMITED warrant that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days, or the shortest period permitted by applicable law, whichever is greater.
To the maximum extent permitted by the applicable law, ANALYSE-IT SOFTWARE LIMITED disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying product manual(s) and written material. The Limited Warranty contained herein gives you specific legal rights.
CUSTOMER REMEDIES
ANALYSE-IT SOFTWARE LIMITED’s entire liability and your exclusive remedy shall be, at ANALYSE-IT SOFTWARE LIMITED’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet ANALYSE-IT SOFTWARE LIMITED’s Limited Warranty and which is returned to ANALYSE-IT SOFTWARE LIMITED with a copy of the receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from an accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
LIMITED LIABILITY
To the maximum extent permitted by applicable law, ANALYSE-IT SOFTWARE LIMITED shall not be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, business information, or other pecuniary loss) arising out of the use or inability to use this product, even if ANALYSE-IT SOFTWARE LIMITED has been advised of the possibility of such damages. In any case, ANALYSE-IT SOFTWARE LIMITED’s entire liability under any provision of this agreement shall be limited to the price paid for the SOFTWARE.
TERMINATION
Without prejudice to any other rights, ANALYSE-IT SOFTWARE LIMITED may terminate this EULA if you fail to comply with the terms and conditions herein. In such event, you must destroy all copies of the SOFTWARE.
GOVERNING LAW
This EULA is governed by the laws of England, UK.
