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End User License Agreement


CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY DUALITY SOFTWARE. BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU ("CUSTOMER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This SOFTWARE is owned by Duality Software and is protected by national copyright laws and international copyright treaties.

Duality Software may revise the AGREEMENT from time to time. You should consult the most current version of this document to ensure your activities conform to the most recent version.

If you acquired this SOFTWARE as an upgrade of a previous version, this AGREEMENT replaces and supersedes any prior AGREEMENTS. You may not continue to use any prior versions of the SOFTWARE.

GRANT OF LICENSE AND PROHIBITIONS. This SOFTWARE is licensed to you, not sold. You are not obtaining title to the SOFTWARE or any copyrights. You may not sublicense, sell, rent, lease, convey, emulate, clone, modify, translate, convert to another programming language, reverse engineer, decompile, or disassemble the SOFTWARE for any purpose.

USE AND EVALUATION PERIOD.

1. EVALUATION VERSION.

- You may use an evaluation version of the SOFTWARE for evaluation purposes without charge for a period of thirty (30) days. If you use the SOFTWARE after the 30-day evaluation period, a license for the non-evaluation version must be purchased. Quantity discounts are available. When your payment is processed and approved you will be sent an activation code that will register your version of the SOFTWARE.

2. REGISTERED VERSION.

2.1. HOME LICENSE. If the SOFTWARE is licensed under Home License as reflected in the terms specified in the applicable invoicing or packaging for the SOFTWARE you may use the SOFTWARE only for personal, non-commercial, and non-profit purposes in a non-business or non-commercial environment.

- One purchased Home License entitles you to install and use one (1) registered copy of the SOFTWARE on one (1) computer. A copy of the SOFTWARE is considered in use on a computer when it is loaded into the temporary memory (i.e., RAM), installed into the permanent memory (e.g., hard disk, CD-ROM, DVD-ROM, or other storage device) of that computer, or installed on the flash memory of a USB drive.

- You may also use a copy of the SOFTWARE on a portable computer, provided only one (1) copy of the SOFTWARE is in use at a time.

- You may access the registered version of the SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if five different workstations will access the SOFTWARE on the network, each workstation must have its own registered license, regardless of whether they use the SOFTWARE at different times or concurrently.

2.2. BUSINESS LICENSE. If the SOFTWARE is licensed under Business License as reflected in the terms specified in the applicable invoicing or packaging for the SOFTWARE you may use the SOFTWARE for legal business, commercial, or governmental purposes and general use or/and in business environment.

- One purchased Business License entitles you to install and use one (1) registered copy of the SOFTWARE on one (1) computer. A copy of the SOFTWARE is considered in use on a computer when it is loaded into the temporary memory (i.e., RAM), installed into the permanent memory (e.g., hard disk, CD-ROM, DVD-ROM, or other storage device) of that computer, or installed on the flash memory of a USB drive.

- You may also use a copy of the SOFTWARE on a portable computer, provided only one (1) copy of the SOFTWARE is in use at a time.

- You may access the registered version of the SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if five different workstations will access the SOFTWARE on the network, each workstation must have its own registered license, regardless of whether they use the SOFTWARE at different times or concurrently.

UPDATES, SUPPORT AND MAINTENANCE SERVICES. Duality Software will provide you with email support and maintenance services for a period of 12 months from the purchase date, provided however that you may extend the support and maintenance services, as available, by paying the appropriate fees to Duality Software per applicable terms and conditions set forth on the Duality Software web site. During the term thereof, you may download free updates to the SOFTWARE when and as Duality Software publishes them on its website. Maintenance and support terms and conditions are subject to change without notice. Notwithstanding any provision to the contrary herein, nothing in this AGREEMENT shall be construed as to grant you any rights or licenses with regard to the new releases of the SOFTWARE or to entitle you to any new release. This AGREEMENT does not obligate Duality Software to provide any updates. Notwithstanding the foregoing, any updates that you may receive become part of the SOFTWARE and the terms of this AGREEMENT apply to them (unless this AGREEMENT is superceded by a further AGREEMENT accompanying such update or modified version of the SOFTWARE).

RESTRICTIONS. You may not distribute or otherwise transfer in whole or in part the Activation Code to another party.

DISTRIBUTION RIGHTS. Duality Software grants you a royalty-free license to copy and distribute the Time Limited Evaluation Version of the SOFTWARE and documentation in its unmodified form electronically or on physical media means, provided that you (a) verify that you are distributing the Time Limited Evaluation Version (select About from the main menu to check); (b) use best efforts to accurately reproduce the Time Limited Evaluation Version of the SOFTWARE; (c) indemnify Duality Software against any claims resulting from your failure to do so; and (d) comply with all other provisions of this AGREEMENT. You are specifically prohibited from (1) charging or requesting donations for any copies, or (2) distributing the SOFTWARE or documentation in conjunction with any other products (commercial or otherwise) for which a fee is charged without prior written permission from Duality Software.

PASSWORDS. You agree that you are the sole responsible party for the safe keeping of the password(s) that you have chosen in connection with this SOFTWARE, and you further agree that we have no obligation to recover either the password(s) you might have lost or forgotten, or the information protected by such passwords.

BACKUP OF DATA. We STRONGLY encourage you to make regular backups of your data.

USER GENERATED FEEDBACK. You have no obligation to provide Duality Software with ideas, suggestions, documentations, and/or proposals ("FEEDBACK"). However, if you submit FEEDBACK to Duality Software, while you retain ownership of such FEEDBACK, you hereby grant Duality Software a nonexclusive, royalty-free, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your FEEDBACK for any purpose world-wide. Further, by submitting FEEDBACK, you represent and warrant that (i) your FEEDBACK does not contain the confidential or proprietary information of you or of third parties; (ii) Duality Software is not under any obligation of confidentiality, express or implied, with respect to the FEEDBACK; (iii) Duality Software may have something similar to the FEEDBACK already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Duality Software for the FEEDBACK under any circumstances.

NO WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER AND DUALITY SOFTWARE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE SOFTWARE OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. DUALITY SOFTWARE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUALITY SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, DUALITY SOFTWARE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. DUALITY SOFTWARE DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY DUALITY SOFTWARE TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.

LIMITED LIABILITY; LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER DUALITY SOFTWARE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR DOCUMENTATION, EVEN IF DUALITY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT WILL DUALITY SOFTWARE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED $10. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

COPYRIGHT NOTICE. Copyright © 1998-2019 Duality Software. All Rights Reserved.

TRADEMARKS. Calendarscope, HandyPIM, HandySync, xReminder, and Dualitysoft.com are trademarks of Duality Software. All other product names may be trademarks of their respective owners.

TERMINATION. Duality Software may terminate this AGREEMENT immediately and without notice if you fail to comply with any term of this AGREEMENT.

NO RIGHTS UPON TERMINATION. Upon termination of this AGREEMENT you will no longer be authorized to use the SOFTWARE in any way.

All rights not expressly granted here are reserved to Duality Software.