The GD&T Trainer: Professional Edition 3.0

EULA - End User License Agreement

EFFECTIVE TRAINING INC. SOFTWARE LICENSE AGREEMENT AND WARRANTY

THIS EFFECTIVE TRAINING INC. LICENSE AGREEMENT ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND EFFECTIVE TRAINING INC. FOR THE SOFTWARE PRODUCT. BY USING THE SOFTWARE PRODUCT, YOU ARE AGREEING UNCONDITIONALLY TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, EVEN IF THIS LICENSE AGREEMENT IS DEEEMED A MODIFCIATION OF ANY PREVIOUS AGREEMENT OR CONTRACT, IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE PRODUCT. INSTEAD, YOU MAY RETURN THE SOFTWARE PRODUCT WITH PROOF OF PURCHASE TO THE DEALER FROM WHOM IT WAS AQUIRED WITHIN THIRTY DAYS OF PURCHASE AND YOUR MONEY WILL BE REFUNDED.
Software Product License
The Software Product is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
For purposes of this agreement, "Software Product" refers to the computer software and associated media and printed materials that accompany the Effective Training Product identified above or in the accompanying documentation; "Use" means storing, loading (whether into temporary memory (i.e. RAM) or into permanent memory (i.e. hard disk, CD-ROM or other storage device)), installing, executing or displaying the Software Product; and "You" means the company, entity, or individual whose funds are used to pay the license fee or who has otherwise acquired the Software Product".

1. Use of the Software Product
Software Product. Effective Training Inc. grants You the non-exclusive, non-sub licensable, limited license to Use one copy of the Software Product on the number of Concurrent Users indicated in the upper right hand corner ("Permitted Number of Concurrent Users") of this agreement. In all cases the Use of the Software Product is subject to the terms and conditions of this License Agreement.
Network Use. Provided the Software Product is configured for network Use, You may install and use the Software Product on a single file server for Use on a single local area network. The following restrictions apply:
(1) All Users must be located in a single site.
(2) All Users must be able to access to the file server that contains the Software Product without going through another file server.
(3) The number of concurrent Users of which the Software product does not exceed the Permitted Number of Concurrent Users.
Backup Copy. The primary user of a computer of which a copy of the Software Product is installed may make a second copy for his or her exclusive Use on either a home or portable computer but not both.

2. Ownership
Title, ownership rights and intellectual property rights in and to the Software Product shall remain in Effective Training Inc. and its suppliers and are protected by US and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed not sold. There is no transfer to You of any title or ownership of the Software Product and the license granted under this agreement should not be construed as sale of any right on the Software Product. You must treat the software product like any other copyrighted materials (e.g., a book or musical recording) except that you may make one copy of the Software Product solely for backup or archival purposes (with the inclusion of all copyright and other proprietary notices), only as You otherwise comply with the terms and conditions of the License Agreement. You may not make additional copies of the Software Product. You may not copy the printed materials accompanying the Software Product. All rights not specifically granted under this License Agreement are reserved by Effective Training Inc.

3. Description of other Rights and Limitations
Limitations on Reverse-Engineering, Decompilation and Disassembly; Other Restrictions. You acknowledge that the Software Product in source code form remains a confidential trade secret of Effective Training Inc. and therefore You agree not to reverse-engineer, decompile or disassemble the Software Product, or make any attempt to discover the source code to the Software Product, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. Except as expressly permitted in this License Agreement, the Software Product may not be Used, copied, translated, redistributed, retransmitted, published, sold, rented, marketed, sublicensed, pledged, assigned, disposed of, encumbered, transferred, altered, modified, or enhanced, whether in whole or in part, nor may You create derivative works from or based on the Software Product. You may not remove any proprietary notices, marks or labels from the Software Product.
Separation of Components. The Software Product is licensed as a single product and its component parts may not be separated for Use on more than one computer.
Transfer of Software Product. You may transfer all Your Rights under this License Agreement on a permanent basis only, provided You retain no copies, You transfer the License Agreement, the corresponding serial number (if applicable) and all the Software Product (including without limitation all component parts, media and printed materials, and any upgrades) and the recipient agrees to all the terms and conditions of this License Agreement. If the Software Product is an upgrade product, any transfer must include the latest release, and all prior versions of the Software Product.
Termination. This License Agreement is in effect until terminated. You may terminate it at any time by destroying the Software Product and all copies You have made. Unauthorized copying or duplication of the Software Product will result in automatic termination of this License Agreement. Without prejudice to any other rights, Effective Training Inc. may terminate this License Agreement if You fail to comply with any term or condition of this License Agreement. Upon termination of this License Agreement, You agree to destroy the Software Product and all copies you have made.
Support Services. Effective Training Inc. may provide You with customer and technical support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Effective Training Inc. policies and programs described in the Users manual, in "online" or electronic documentation, and /or in other Effective Training Inc. - provided materials. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this License Agreement.

4. Reports and Audit Rights
You shall institute reasonable measures to ensure compliance with the terms and conditions of this License Agreement. Upon Effective Training Inc.'s reasonable request, You agree to provide reports relating to your Use of the Software Product as necessary to demonstrate Your compliance with the terms and conditions of this License Agreement. You further agree that Effective Training Inc. has the right, upon reasonable prior notice, to audit Your records and inspect Your facilities to verify compliance with the terms and conditions of this License Agreement.
5. Export Restrictions
You may not export or reexport the Software Product or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software Product may be exported or reexported to anyone on the US Treasury Departments' list of Specially Designated Nationals or the US Commerce Departments' Table of Deny Orders, as such countries, lists and orders may be amended or modified from time to time. You are specifically agreeing to the foregoing and You are representing and warranting that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

6. Entire Agreement; Governing Law
This License Agreement constitutes the entire agreement between Effective Training Inc. and You with regard to the subject matter hereof and supercedes any and all prior agreements, understandings and representations, whether written or oral, concerning the subject matter of this License Agreement. This License Agreement shall not be modified except by a written agreement executed by a duly authorized representative of each of Effective Training Inc. and You.

Nothing in this License Agreement is intended to exclude, modify or restrict the operation of any applicable statute or other law, the provisions of which cannot lawfully be excluded, modified or restricted. If any court of competent jurisdiction determines that a provision of this License Agreement is illegal, invalid or unenforceable in any jurisdiction, then such provision shall be deemed modified to the minimum extent necessary to make it comply with the applicable statute or law of such jurisdiction, and the remaining provisions of this License Agreement shall continue in full force and effect. Any such modifications shall not effect any provisions of this License Agreement in any other jurisdiction where this License Agreement governs the Use of the Software Product.

IF YOU ACQUIRED THE SOFTWARE PRODUCT IN THE UNITED STATES, THIS LICENSE AGREEMENT IS GOVERENED BY THE LAWS OF THE STATE OF MICHIGAN, USA., EXCEPT FOR THE BODY OF LAW DEALING WITH CONFLICTS OF LAW, WITHOUT REFERENCE TO THE 1980 UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

Software Product Limited Warranty
To the original customer only, Effective Training Inc. provides the following warranties:
Limited Warranty. EFFECTIVE TRAINING INC. WARRANTS THAT (a) FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF ORIGINAL PURCHASE ("WARRANTY PERIOD") AS EVIDENSED BY YOUR RECEIPT OR OTHER PROOF OF PURCHASE (i) THE SOFTWARE PRODUCT, UNLESS MODIFIED OR OTHERWISE ALTERED BY YOU, WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING WRITTEN MATERIALS, AND (ii) THE MEDIA ON WHICH THE SOFTWARE PRODUCT IS FURNISHED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKSMANSHIP UNDER NORMAL USE; AND (b) ANY SUPPORT SERVICES PROVIDED BY EFFECTIVE TRAINING INC. SHALL BE SUBSTANTIALLY AS DESCRIBED IN APLICABLE WRITTEN MATERIALS PROVIDED TO YOU BY EFFECTIVE TRAINING INC. Effective Training Inc. does not warrant that the Software Product will meet Your requirements or that the Use of the Software Product will be uninterrupted or error free. Effective Training Inc. is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software Product, nor for problems in the interaction of the Software Product with non-Effective Training Inc. software products. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to You. The Limited Warranty gives You specific legal rights. You may have others, which vary by jurisdiction.

Exclusive Remedy. Effective Training Inc's entire liability and Your exclusive remedy, shall be, at Effective Training Inc's option, either (a) replacement of the defective media, (b) repair or replacement of the Software Product that does not meet Effective Training Inc. Limited Warranty, or (c) return of the price paid, if any, and termination of this License Agreement. This remedy is subject to return of the Software Product to Effective Training Inc. with a copy of Your receipt within the Warranty Period or, solely for Software Product that was obtained electronically via "electronic software distribution", to delivery by Effective Training Inc. of a Effective Training Inc. - approved "certification of destruction" together with proof of purchase within the Warranty Period. This Limited warranty is void if a failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement Software Product will be Warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither these remedies nor any Support Services are available without proof of purchase from an authorized source.

No Other Warranties. THE ABOVE WARRANTIES ARE EXCLUSIVE TO THE MAXIMUM EXTENT PERMITTEED BY APLICABLE LAW, Effective Training Inc. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARAISING OUT OF USAGE OF TRADE OR COURSE OF DEALING, CONCERNING THE SOFTWARE PRODUCT, AND THE PROVIDION OF FAILURE TO PROVIDE SUPPORT SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY EFFECTIVE TRAINING INC., ITS AGENTS, DEALERS, DISTRIBUTORS OR EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WQARRANTIES OR CREATE ANY OTHER WARANTIES.

No Liability for Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HERIN FAILS OF ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFECTIVE TRAINING INC. OR ITS SUPPLIERS (OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCEDENTAL, INDIRECT SPECIAL ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION OR ANY AND ALL COMMERCIAL OR PECUNIARY DAMAGES OR LOSSES) ARAISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. In any event, if any statute implies warranties or conditions not stated in this License Agreement, Effective Training Inc. entire liability under any provision of this License Agreement shall be limited to the greater of the amount actually paid by You to license the Software Product, or, in the case of Support Services, providing such Support Services again or refunding the cost thereof. 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.
Effective Training Inc.
2116 S. Wayne Rd.
Westland Michigan 48186