ChoiceAnalyst License Agreement
This License Agreement is a legal agreement between you, either as an individual
or a single entity ("End User"), and Catalyst Development Corporation
("Catalyst") for the software product identified as "ChoiceAnalyst". The
Software Product includes executable programs, electronic documentation, and may
include associated media and printed materials. Installing this Software Product
onto a hard disk or any other storage device of a computer, or loading any of
the Components into the memory of any computer, constitutes use of the Software
and shall acknowledge your acceptance of the terms and conditions of this
License Agreement and your agreement to be bound thereby.
1. GRANT OF LICENSE
Catalyst Development grants you as an individual, a personal, non-exclusive,
non-transferable license to install the Software Product using an authorized
serial number. If you are an entity, Catalyst grants you the right to appoint an
individual within your organization to use and administer the Software Product
subject to the same restrictions enforced on individual users. You may not
network the Software or otherwise use it on more than one workstation or
computer at the same time. Contact Catalyst for more information regarding
multi-user site licensing. You may install the Software Product on one or more
workstations or computers expressly for the purposes of evaluating the
performance of the Software for a period of no more than Fifteen (15) days. If
continued use of the Software is desired after the evaluation period has
expired, then the Software Product must be purchased and/or registered with
Catalyst Development for each end-user. The Software Product must be removed
from all unregistered workstation(s) or computer(s) after the evaluation period
has expired.
2. COPYRIGHT
Except for the licenses granted by this agreement, all right, title, and
interest in and to the Software Product (including, but not limited to, all
copyrights in any executable programs, modules, controls, libraries, electronic
documentation, text and example programs), any printed materials and copies of
the Software Product are owned by Inter-Face Software, Inc. and Catalyst Development.
The Software Product is protected by copyright laws and international treaty
provisions. Therefore you must treat the Software Product like any other
copyrighted material except that you may (a) make one copy of the Software
solely for backup or archival purposes, or (b) transfer the Software to a single
hard disk, provided you keep the original solely for backup or archival
purposes. You may not copy any printed materials that may accompany the Software
Product.
3. TRADE SECRETS AND CONFIDENTIALITY
a) The Software contains information or material which is proprietary to
Inter-Face Software, Inc. and Catalyst Development ("Confidential Information"), which
is not generally known other than by Inter-Face Software, Inc. and Catalyst, and which
you may obtain knowledge of through, or as a result of the relationship
established hereunder with Catalyst. Without limiting the generality of the
foregoing, Confidential Information includes, but is not limited to, the
following types of information, and other information of a similar nature
(whether or not reduced to writing or still in development): designs, concepts,
ideas, inventions, specifications, techniques, discoveries, models, data, source
code, object code, documentation, diagrams, flow charts, research, development,
methodology, processes, procedures, know-how, new product or new technology
information, strategies and development plans (including prospective trade names
or trademarks).
b) Such Confidential Information has been developed and obtained by Inter-Face
Software, Inc. and Catalyst by the investment of significant time, effort and expense,
and provides Catalyst with a significant competitive advantage in its business.
c) You agree that you shall not make use of the Confidential Information for
your own benefit or for the benefit of any person or entity other than Catalyst
in accordance with the provisions of this Agreement, and not for any other
purpose.
d) You agree to hold in confidence, and not to disclose or reveal to any person
or entity, the Software, other related documentation, your product Serial Number
or any other Confidential Information concerning the Software other than to such
persons as Catalyst shall have specifically agreed in writing to utilize the
Software in accordance with the provisions of this Agreement, and not for any
other purpose.
e) You acknowledge the purpose of this section entitled "TRADE SECRETS AND
CONFIDENTIALITY" is to protect Catalyst Development's ability to limit the use
of the data and the Software generally to licensees, and to prevent use of
Confidential Information concerning the Software by other developers or vendors
of software.
4. OTHER RESTRICTIONS
You may not rent, lease or transfer the Software. You may not reverse engineer,
decompile or disassemble the Software, except to the extent applicable law
expressly prohibits the foregoing restriction. Without prejudice to any other
rights, Catalyst Development may terminate this License Agreement if you fail to
comply with the terms and conditions of the agreement. In such event, you must
destroy all copies of the Software Product.
5. LIMITED WARRANTY
If within 30 days of your purchase of this software product, you become
dissatisfied with the Software for any reason, you may return the software to
Catalyst Development (or your dealer, if you did not purchase it directly from
Catalyst) for a refund of your purchase price. To return the Software, you must
contact Catalyst Development and obtain a return material authorization (RMA)
number. Catalyst will not accept returns of opened or installed software without
an RMA number. Returns are subject to the deduction from your purchase price of
a 20% restocking fee and all shipping costs.
6. NO OTHER WARRANTIES
INTER-FACE SOFTWARE INC. AND CATALYST DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING
WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL INTER-FACE SOFTWARE INC. AND CATALYST OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITH LIMITATION, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, BUSINESS
INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY OF
THIS CATALYST PRODUCT, EVEN IF CATALYST HAS BEEN ADVISED OF SUCH DAMAGES. APART
FROM THE FOREGOING LIMITED WARRANTY, THE SOFTWARE PROGRAMS ARE PROVIDED "AS-IS",
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE ENTIRE RISK AS TO
THE PERFORMANCE OF THE PROGRAMS IS WITH THE PURCHASER. INTER-FACE SOFTWARE INC. AND
CATALYST DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAMS WILL BE
UNINTERRUPTED OR ERROR-FREE. INTER-FACE SOFTWARE INC. AND CATALYST ASSUMES NO
RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ERRORS IN THE PROGRAMS OR
DOCUMENTATION, OF/FOR THE CONSEQUENCES OF ANY SUCH ERRORS. THE LAWS OF THE STATE
OF CALIFORNIA GOVERN THIS AGREEMENT.
8. GOVERNMENT-RESTRICTED RIGHTS
U.S. Government Restricted Rights. The Software and related documentation are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to the restrictions set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such
purposes is Catalyst Development Corporation, 56925 Yucca Trail, PMB254, Yucca
Valley, CA 92284
9. EXPORT CONTROLS
If the Software is for use outside the United States of America, you agree to
comply with all relevant regulations, including but not limited to those, of the
United States Department of Commerce and with the United States Export
Administration Act to insure that the Software is not exported in violation of
United States law.
10. GOVERNING LAW
This License is governed by the laws of the State of California, without
reference to conflict of laws principles. The exclusive jurisdiction and venue
for any action arising from or relating to this agreement shall be in a court of
competent jurisdiction in San Bernardino County, California. In addition to any
other relief granted the prevailing party shall be entitled to recover its
attorney's fees and costs. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY
JURY. The parties acknowledge that any breach of this agreement may result in
irreparable harm to Inter-Face Software, Inc. and Catalyst Development Corporation,
thereby entitling Catalyst to injunctive relief for any such breach in addition
to any other rights or remedies that Catalyst may have. This Agreement is the
entire agreement between you and Catalyst and supersedes any other
communications or advertising with respect to the Software and documentation. If
any provision of this License is held invalid, the remainder of this License
shall continue in full force and effect.