Free 30 Day Trial

RDPCrystal EDI Library EULA ( End user License Agreement )

RDPCRYSTAL EDI LIBRARY
© Copyright 2022 Crystal Universe Software Inc.
All Rights Reserved.

SOFTWARE LICENSE AGREEMENT IMPORTANT—READ CAREFULLY BEFORE USING THIS PRODUCT. THIS IS A LEGALLY BINDING CONTRACT BETWEEN     YOU, THE LICENSEE (“YOU” OR “LICENSEE”), AND CRYSTAL UNIVERSE SOFTWARE INC. THAT STATES THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SOFTWARE, INCLUDING SOFTWARE DOCUMENTATION, SUPPORTING UTILITY PROGRAMS, FILES, AS WELL AS BUG FIXES, MODIFICATIONS AND UPDATES PROVIDED BY CRYSTAL UNIVERSE SOFTWARE INC. TO LICENSEE (HEREINAFTER COLLECTIVELY “SOFTWARE”). CRYSTAL UNIVERSE SOFTWARE INC. IS WILLING TO LICENSE THE SOFTWARE ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”). BY CLICKING YOUR ACCEPTANCE BELOW, YOU AGREE TO BE BOUND LEGALLY BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST INDICATE BELOW THAT YOU DECLINE AND CONTACT CRYSTAL UNIVERSE SOFTWARE INC. WITHIN SEVEN (7) DAYS OF YOUR PURCHASE FOR A FULL REFUND OF LICENSE FEES YOU PAID FOR THE SOFTWARE. IF YOU DECLINE, YOU MAY NOT USE THE SOFTWARE UNDER ANY CONDITIONS. ANY USE OF THE SOFTWARE BY LICENSEE SHALL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT.

1. Grant of License. Depending on the fees paid, CRYSTAL UNIVERSE SOFTWARE INC. grants Licensee one or more of the following licenses. All rights not expressly granted to you in this Agreement are reserved by CRYSTAL UNIVERSE SOFTWARE INC.

                    a. Evaluation License. If you have licensed the Software for evaluation purposes, CRYSTAL UNIVERSE SOFTWARE INC. grants a license to install and use the Software in executable form for a period of thirty (30) days solely for the purpose of evaluating the Software. Licensee understands and acknowledges that the Software licensed for evaluation purposes contains a disabling device that will automatically disable the Software thirty (30) days after installation.

                    b. Developer License. If you have licensed the Software under a DEVELOPER LICENSE, CRYSTAL UNIVERSE SOFTWARE INC. grants to Licensee a personal, nonexclusive license to install and use the Software (i) in executable form only on a single computer at a time, which computer can be substituted at any time, provided that Licensee is the only one using the Software, (ii) for the sole purpose of designing, developing and testing application programs created by Licensee for Licensee’s own business, and (iii) as a component of any applications created by Licensee using the Software, provided such applications are used solely by Licensee, and not provided or licensed to any third parties. If Licensee is an entity, CRYSTAL UNIVERSE SOFTWARE INC. grants you the right to designate one individual within your entity (“Named User”), which Named User will have the rights to use the Software as described in this subsection.

              c. Site License. If you have licensed the Software under a SITE LICENSE, CRYSTAL UNIVERSE SOFTWARE INC. grants to Licensee, as an entity, a nonexclusive license to install and use the Software (i) in executable form on an unlimited number of computers at a single geographic location or site, (ii) for the sole purpose of designing, developing and testing application programs created by Licensee for Licensee’s own business, and (iii) as a component of any applications created by Licensee using the Software, provided such applications are used solely by Licensee, and not provided or licensed to any third parties.

              d. Enterprise License. If you have licensed the Software under an ENTERPRISE LICENSE, CRYSTAL UNIVERSE SOFTWARE INC. grants to Licensee, as an entity, a nonexclusive license to install and use the Software (i) in executable form on an unlimited number of computers at multiple geographic locations or sites throughout Licensee’s enterprise based on the number of enterprise server licenses purchased, (ii) for the sole purpose of designing, developing and testing application programs created by Licensee for Licensee’s own business or for distribution to third parties, and (iii) as a component of any applications created by Licensee using the Software for distribution to third parties. License must restrict third party licensees of Licensee’s applications from further redistribution of any component of the Software in Licensee’s applications. Furthermore, Licensee may not distribute any application, program or file which includes, is created from, or otherwise incorporates portions of the Software, if such application, program or file is a general purpose development tool, library or component, or is otherwise generally competitive with or a substitute for the Software.

2. License Restrictions. The license provided by CRYSTAL UNIVERSE SOFTWARE INC. is a non-exclusive, non-transferable license, subject to the following restrictions. You may not, nor permit any party to: (i) use the Software for the benefit of any third party, including without limitation, in an outsourcing or timesharing arrangement, or in the operation of a service bureau; (ii) sell, lease, sublicense, distribute or otherwise transfer the Software to any person, firm, or entity; (iii) modify or prepare derivative works of the Software; or (iv) translate, decompile, disassemble or reverse engineer the Software. The Software includes significant elements, including its algorithms and logic, which CRYSTAL UNIVERSE SOFTWARE INC. has maintained as confidential and constitute trade secrets and confidential information of CRYSTAL UNIVERSE SOFTWARE INC. You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software from unauthorized disclosure or use.

3. Proprietary Rights. This is a license agreement and NOT an agreement for sale. You acknowledge and agree that, as between you and CRYSTAL UNIVERSE SOFTWARE INC., the Software and all worldwide Intellectual Property Rights that are embodied in, related to, or    represented by the Software, are the sole and exclusive property of Crystal. The term “Intellectual Property Rights” means the rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any jurisdiction worldwide, including moral and similar rights. You shall not delete, alter, cover or distort any copyright, trademark or other proprietary rights notices or identifying logos, icons or other markings placed by CRYSTAL UNIVERSE SOFTWARE INC. on or in the Software, web page, template or other output of the Software, and shall ensure that all such notices, logos, icons or other markings are reproduced on all copies of the Software or any web page, template or other output of the Software.

4. Disclaimer of Warranty. THE SOFTWARE IS FURNISHED TO LICENSEE “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING WARRANTY OF TITLE OR PERFORMANCE.     CRYSTAL UNIVERSE SOFTWARE INC. makes no representations or warranties that the operation of the Software will be uninterrupted or error free or that it will produce the results desired by Licensee. CRYSTAL UNIVERSE SOFTWARE INC. does not agree to provide any modifications, enhancements, improvements, corrections or bug fixes to the Software, even if errors in the Software are reported to         Crystal. CRYSTAL UNIVERSE SOFTWARE INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

5. Limitation of Liability. IN NO EVENT WILL CRYSTAL UNIVERSE SOFTWARE INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND LOSS OF PRIVACY), UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF CRYSTAL UNIVERSE SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRYSTAL UNIVERSE SOFTWARE INC.’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LICENSE FEE PAID FOR THE SOFTWARE. NO ACTION OR CLAIM RELATING TO THIS AGREEMENT OR THE SOFTWARE MAY BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.

6. Support and Maintenance. Technical support as well as software updates, upgrades and any new added components are provided free of charge for  a period of (1) year beginning from the initial date of purchase of the Software.  After this period has expired you can purchase a new subscription.
7. 
   Term and Termination. The term of the license grant shall be perpetual. Notwithstanding the foregoing, CRYSTAL UNIVERSE SOFTWARE INC. may terminate this Agreement if you fail to comply with any terms and conditions. In such event, you must cease using the Software and destroy all copies, including components, of the Software. This Agreement shall automatically terminate upon your failure to comply with any of its terms or if you voluntarily terminate the Agreement, provided you notify CRYSTAL UNIVERSE SOFTWARE INC. and destroy all copies, including components, of the Software.

8. 
   General
   
            a. Export Restrictions. Licensee agrees that Licensee will not export or re-export the Software outside of the United States to any individual, business, third party, or other entity, or to any country subject to United States export restrictions. Furthermore, any Licensee who receives the Software outside the United States agrees not to re-export the Software except as permitted by laws of the United States.     If you intend to export (or re-export), directly or indirectly, the Software or related technical data, it is your responsibility to assure compliance with U.S. and other applicable governmental export control laws and, if appropriate, to secure any required export licenses or approvals in your own name. You are also responsible for the accuracy and completeness of any information or certification you provide for purposes of export control compliance.
   
            b. U.S. Government Rights. If you are obtaining Software on behalf of any part of the United States Government, the Software shall be deemed “commercial Software” and “commercial computer Software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by    this Agreement.
   
        c. Entire Agreement. This Agreement constitutes the entire agreement between you and CRYSTAL UNIVERSE SOFTWARE INC. relating to the Software and supersedes any prior purchase order, communications, advertising or representations concerning the Software.
   
       d. Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of New York. Any legal action under this Agreement shall be brought in the state or federal courts in New York and Licensee consents to exclusive jurisdiction in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
   
       e. Amendment. This Agreement may only be modified or amended in a writing referencing this Agreement and signed by an authorized agent of CRYSTAL UNIVERSE SOFTWARE INC. and of Licensee.
   
   f. Agreement Read and Understood. You acknowledge that you have read and understand this Agreement and that by noting your acceptance below, you agree to be bound by its terms and conditions.