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EiffelStudio

# End user License Agreement

Carefully read all of the terms and conditions of this agreement prior to opening or downloading the software package, or starting its installation procedure. Opening or downloading the software package, or starting its installation procedure, indicates your acceptance of these terms and conditions.
This software agreement governs your use of THE Eiffel Software EIFFEL PROGRAMMING SYSTEM (hereinafter referred to as Eiffel Software EIFFEL) from Interactive Software Engineering, Inc., a California Corporation with offices in Goleta, California 93117 (hereinafter Interactive).
By using the enclosed Eiffel Software EIFFEL software package, you agree to the following terms and conditions:

1. GRANT OF LICENSE Interactive grants to you a nonexclusive, nontransferable temporary license to use Eiffel Software EIFFEL solely on the computer system(s) designated in your purchase order.
2. PERMITTED USES You may use the Eiffel Software EIFFEL software solely on the single computer system for which it is purchased. In addition, if the license is for a company of which you are an employee, you may use the Eiffel Software EIFFEL software on one personal (home or laptop) computer for each designated company computer system, provided that personal computer is used by the same user as the company computer, and not concurrently with it.
3. PROPERTY RIGHTS
   1. a. Eiffel Software EIFFEL is copyrighted by Interactive and proprietary to Interactive, and Interactive remains title and ownership of Eiffel Software EIFFEL, and all copies of Eiffel Software EIFFEL, including the copy of Eiffel Software EIFFEL recorded on delivery media.
   2. b. This is not a sale of Eiffel Software EIFFEL or any copy. You agree to take all reasonable steps to protect Eiffel Software EIFFEL against unauthorized use or copy. You agree not to make copies of Eiffel Software EIFFEL or Eiffel Software EIFFEL documentation or part thereof other, except possibly as required by backup procedures compatible with industry standards and the enforcement of Interactive's proprietary rights. You must reproduce and include any copyrights, trademark notices and the legends on the backup copy. You must maintain an accurate record of the location of the backup copy at all times.
4. LIMITED WARRANTY a. The Eiffel Software EIFFEL software and user manuals are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Eiffel Software EIFFEL software and user manuals is with you.
5. EXPORT
   1. a. You shall not, without the prior written consent of Interactive, transmit Eiffel Software EIFFEL directly or indirectly to any company inside or outside the United States.
   2. b. You hereby warrant to Interactive that you have no intention to and will not, without prior written consent, if required, of the Office of Export Administration of the United States Department of Commerce, Washington, D.C. 20230 transmit directly or indirectly(i) Eiffel Software EIFFEL, or (ii) any immediate product (including services produced directly by use of Eiffel Software EIFFEL). to countries as prohibited by the U.S. Federal government including without limitation: Afghanistan, The People's Republic of China, or to any Group S, W, Y or Z country specified in Supplement No.1 Section 370 of the Export Administration Regulations issued by the United States Department of Commerce.
6. TERM
   1. a. The license is effective until terminated. You may terminate the license at any time by destroying the software and its documentation with all copies or modifications in any form.
   2. b. Upon providing you with thirty (30) days written notice, Interactive may terminate all rights provided under this agreement upon your failure to fulfill any one or more of the terms, conditions and/or obligations imposed by this agreement. Said notice to you shall breach of this agreement and you shall have a one (1) month period in which to cure any breach to the satisfaction of Interactive. In the event the breach is not cured by you, you shall deliver to Interactive all software and materials provided under this agreement, shall make all licensed software that may be stored in any storage unusable and shall certify to Interactive in writing that the same has been completed within that thirty (30) days period. Interactive shall have no obligation to refund any monies paid under this agreement.
7. NO OTHER RIGHTS a. Interactive warrants solely that it grants the rights as provided herein. No license or right relevant to any patent or trademark is herein to be construed as conferred upon you by Interactive by implication or estoppel or any other basis. This is regardless as to whether the rights granted hereunder utilizes invention within existing patent to be issued subsequent to the date of this agreement.
8. MISCELLANEOUS PROVISIONS
   1. a. All correspondence shall be directed to Interactive at the following address:
      Customer Service Department
      Interactive Software Engineering Inc.
      Eiffel Software Building
      360 Storke Road, Goleta, CA 93117 USA
      tel. (805) 685-1006, fax. (805) 685-6869 or through the world-wide Web at http://support.eiffel.com
   2. b. This agreement shall succeed any previous agreement relevant to the subject between the parties and shall be controlling.
   3. c. The terms and conditions of this agreement shall be interpreted and enforced according to the laws of the State of California and shall be subject to the appropriate jurisdiction in and of the county of Santa Barbara, California, U.S.A.
9. ACKNOWLEDGEMENT By opening the software diskette, CD or tape package, or downloading the software package or starting the installation procedure, you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals of prior agreements, oral or written, and any other communication between the parties relating to the subject matter of this agreement.