The Helix End User License Agreement (EULA)
IMPORTANT: By installing the software package or by otherwise exercising any rights provided below to make and use copies of the accompanying Helix® products (the "Software"), including, for example, electronically downloading/copying the software, you are consenting to be bound by this Agreement. If you do not agree to the terms of this Agreement, then do not download, use or copy the software, and contact the place from which you obtained it to obtain a full refund.
Customer License Terms
This is a license agreement, not an agreement for sale. Please read this agreement carefully before using the Software or installing it on your computer. If you do not agree with the terms and conditions of this agreement (1) do not download the Software, or (2) if this Software has been purchased on any media (diskette or cd-rom), please promptly return the unopened, unused Software within 7 days of purchase, along with the purchase receipt, for a full refund.
In consideration of your payment of the license fee (which is part of the purchase price) and your agreement to be bound by the provisions of this License, QSA ToolWorks, LLC (referred to as "Company"), as Licensor, grants to you a nonexclusive right to use and display this copy of a software program (referred to as the "Software") on a single computer (with a single CPU) at a single location so long as you comply with the provisions of this License. If the single computer on which you use the Software is a multi-user system, the License only covers a single user on that system. Additional users are subject to the payment of additional license fees. Company reserves all rights not expressly granted to you.
If you intend to use this Software on more than one computer, or the Software is to be loaded on a LAN, WAN or other multi-user network, you must pay for a multi-user license. In consideration of your payment of a multi-user license fee and your agreement to be bound by the provisions of this License, Company, as Licensor, grants to you a nonexclusive right to use and display this copy of a Software program (referred to as the "Software") on the number of computers for which you have purchased a license. Company reserves all rights not expressly granted to you.
You own the magnetic or other physical media on which the Software is originally or subsequently recorded or fixed, but an express condition of this License is that Company retains title and ownership of the Software recorded on the original disk copy(ies) and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original Software or any copy.
The Software and the accompanying written materials are the subject of copyright. Unauthorized copying of the Software, including Software which has been modified, merged or included with other Software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the provisions of this License. Subject to the restrictions above, and if the Software is not copy-protected, you may make one (1) copy of the Software solely for back up purposes. You must reproduce and include the copyright notice on the backup copy.
If you have purchased a single-user license, then you may physically transfer the Software from one computer to another provided that the Software is used on only one computer at a time. You must remove any copy of the Software on any computer from which the Software is transferred or if a computer is transferred from your possession, you must remove any copy of the Software prior to transfer to any third party. You may not electronically transfer the Software from one computer to another over a network without a multi-user license and payment of additional license fees for additional computers. You may not distribute copies of the Software or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompose, disassemble, or create derivative works based on the Software. You may not notify, adapt, translate or create derivative works based on the written materials without the prior written consent of Company. You acknowledge that Software is subject to government 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 52.22719, as applicable, or any laws concerning rights in technical data and computer software. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Company, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.
The Software is licensed only to you and may not be transferred to anyone without the prior written consent of Company. Any authorized transferee of the Software shall be bound by the terms and conditions of this License. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided in this License.
This License is effective until terminated. This License will terminate automatically without notice from Company if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any.
Company will provide customer support services to you if you pay a maintenance fee and sign a maintenance agreement provided by Company. Company may create, from time to time, updated versions of the Software. At its option, Company will make such updates available to you if you pay an update fee and return the Registration Card included with the Software to Company.
The Software and accompanying written materials (including instructions for use) are provided "AS IS" without warranty of any kind. Company does not warrant, guarantee or make any representations regarding the use, or the results of use, of the Software or written materials in terms of correctness, accuracy, reliability, currentness or otherwise. No oral or written information or advice given by Company, its dealers, distributors, agents, or employees will constitute or give rise to any representation or warranty as to the accuracy or correctness of such information or advice and you shall not be entitled to place reliance thereon.
Neither Company nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use such product even if Company has been advised of the possibility of such damages.
This License shall be governed and construed in accordance with the internal laws of the State of New York and any dispute concerning this Agreement shall be exclusively brought in the county of New York, City and State.
By clicking on the "Agree" button below, you acknowledge that you have read this License, understand it and agree to be bound by its terms and conditions. You also agree that this License is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this License.
Should you have any questions concerning this License, or if you desire to contact Company for any reason, please contact:
QSA ToolWorks, LLC
©2006 QSA ToolWorks, LLC