Please Fix : End-User Licence Agreement
- Use Restrictions. You shall not, directly or indirectly:
- use the Software except as set forth in Section 1;
- copy the Software, in whole or in part;
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
- combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices included on or in the Software, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise provide any access to or use of the Software or any features or functionality of the Software, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate or service provider of Licensee, whether or not over a network and whether or not on a hosted basis, including in connection with the Internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;
- use the Software in violation of any law, regulation or rule; or
- use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service or any other purpose that is to Turbulent’s commercial disadvantage.
- Compliance Measures. The Software may contain technological copy protection or other security features designed to prevent unauthorized use of the Software, including features to protect against use of the Software:
- beyond the scope of the licence granted to under Section 1;
- prohibited under Section 2.
You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such copy protection or security features.
- Collection and Use of Information.
- Turbulent may, directly or indirectly through the services of others, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, by means of (i) providing maintenance and support services, (ii) security measures included in the Software as described in Section 3 and (iii) by transfer through the Internet.
- You agree that Turbulent may use such information for any purpose related to any use of the Software by you, including but not limited to: (i) improving the performance of the Software or developing updates; and (ii) verifying compliance with the terms of this Agreement and enforcing Turbulent’s rights, including all intellectual property rights in and to the Software.
- Intellectual Property Rights. You acknowledge that the Software is provided under licence, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights to the Software other than to use the Software in accordance with the licence granted under this Agreement, subject to all terms, conditions and restrictions. Turbulent reserves and shall retain its entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, subject to the licence expressly granted to the Licensee in the Agreement. You shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.
- Export Regulation. The Software may be subject to Canadian export control laws. You shall not, directly or indirectly, export, re-export or release the Software to, or make the Software or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), before exporting, re-exporting, releasing or otherwise making the Software available outside Canada.
- Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations of Turbulent or the Software used herein are trademarks and/or registered trademarks of Turbulent. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.