IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ATLANTIS SAS (ATLANTIS hereinafter), the copyright owner of the software (SOFTWARE hereinafter) supplied together with this agreement and may include associated media, printed materials, and "online" or electronic documentation. 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.
(1) DEFINITION OF TERMS
"ATLANTIS" means "ATLANTIS SAS, 54 rue Greneta, 75002 Paris, France".
"CLEITO" is a registered trademark and commercial brand of ATLANTIS.
"IWAAC" means "Integrated Windows Authentication for Applications using Crowd". It is a registered trademark by ATLANTIS.
"DOCUMENTATION": any explanatory written or on-line material including, but not limited to, user guides, reference manuals and HTML files.
"LICENSEE": shall refer to the individual licensee, whether as an individual, company, or other organization.
"SOFTWARE": All material in this CLEITO IWAAC distribution including, but not limited to, one or more of the following: source code, object code, byte code, dynamic-link libraries, shared libraries, static libraries, header files, executables, scripts, sample programs, utility programs, makefiles and DOCUMENTATION.
"LICENSED SOFTWARE": the SOFTWARE for which LICENSEE has paid the applicable license fee and received an authorized unlock key.
(2) SOFTWARE LICENSE
This SOFTWARE is owned by ATLANTIS and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold.
(3) LICENSE GRANTS
ATLANTIS grants to LICENSEE the perpetual, non-exclusive, non-transferable, world-wide license to install the LICENSED SOFTWARE on any number of computers across LICENSEE's enterprise and use the associated user DOCUMENTATION and online help.
LICENSEE may also make one backup copy of the Licensed Software solely for archival and disaster-recovery purposes, or transfer the LICENSED SOFTWARE to a hard disk and keep the original copy solely for archival and disaster-recovery purposes.
LICENSEE has no rights to use the LICENSED SOFTWARE beyond those specifically granted in this section.
(4) LICENSE RESTRICTIONS
LICENSEE may not decompile, disassemble, or reverse engineer any object or byte code form of any portion of the SOFTWARE.
Any re-distribution of the SOFTWARE is strictly prohibited, unless explicit authorization by ATLANTIS. Re-distribution includes granting of access to third parties, and also selling, renting, leasing or lending of the SOFTWARE.
You may not transfer the SOFTWARE copyright and other rights related to the SOFTWARE to any other.
(5) LIMITED WARRANTIES
ATLANTIS warrants to LICENSEE that the LICENSED SOFTWARE will substantially perform the functions described in the DOCUMENTATION for a period of thirty (30) days after the date of delivery of the LICENSED SOFTWARE to LICENSEE. ATLANTIS sole and exclusive obligation, and LICENSEE's sole and exclusive remedy, under this warranty is limited to ATLANTIS using reasonable efforts to correct material, documented, reproducible defects in the LICENSED SOFTWARE that LICENSEE describes and documents to ATLANTIS during the thirty (30) day warranty period. In the event that ATLANTIS fails to correct a material, documented, reproducible defect during this period, ATLANTIS may, at ATLANTIS discretion, replace the defective LICENSED SOFTWARE or refund to LICENSEE the amount that LICENSEE paid ATLANTIS for the defective LICENSED SOFTWARE and cancel this Agreement and the licenses granted herein. In such event, LICENSEE agrees to destroy all copies of the SOFTWARE (including the original).
EXCEPT AS EXPRESSLY SET FORTH ABOVE, ATLANTIS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE.
(6) LIMITATION OF LIABILITY
IN NO EVENT SHALL ATLANTIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ATLANTIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF ATLANTIS LIABILITY TO LICENSEE SHALL BE LIMITED TO THE AMOUNT USER PAID FOR THE USE OF THE SOFTWARE, IF ANY.
(7) TERMINATION
ATLANTIS reserves the right, at its sole discretion, to terminate this Agreement upon written notice if LICENSEE has breached the terms and conditions hereof. LICENSEE may terminate this Agreement at any time by ceasing to use the LICENSED SOFTWARE and by destroying all copies of the LICENSED SOFTWARE (including the original).
(8) MISCELLANEOUS
This EULA and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of France and the French Courts shall be the competent court of jurisdiction.
LICENSEE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE
AND ATLANTIS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
