END-USER LICENSE AGREEMENT FOR
STAGE RESEARCH SOFTWARE
IMPORTANT-READ CAREFULLY: Stage Research End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Stage Research, Inc. for the Stage Research software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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 PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
GRANT: Stage Research, Inc. (“Stage Research”) hereby grants you a non-exclusive license to use its accompanying SOFTWARE PRODUCT free of charge for 30 days (after which you must purchase a license from Stage Research) if the SOFTWARE PRODUCT is labeled as a Demonstration version (“Demo”), using language similar to, but possibly not exactly, as “Demo,” during the initial start-up screen, and/or if the SOFTWARE PRODUCT is labeled as a Demonstration version in the “About...” dialog box, using language similar to, but possibly not exactly, as “Demo,” and/or if the SOFTWARE PRODUCT is labeled as a Demonstration version in the main window caption bar, using language similar to, but possibly not exactly, as “Demo.” If you do not fit within the description above, a license fee is due to Stage Research and license is granted. If you are using the SOFTWARE PRODUCT free of charge, you will not be entitled to support or telephone assistance. If you fit within the above description, you may: use the SOFTWARE PRODUCT on any single computer; use the SOFTWARE PRODUCT on a second computer so long as the first and second computers are not used simultaneously; or copy the SOFTWARE PRODUCT for archival purposes, provided any copy must contain all of the original SOFTWARE PRODUCT’s proprietary notices. In addition, if you fit within the description to use the SOFTWARE PRODUCT free of charge (i.e. you are using the Demo), you may duplicate and distribute the Demo without restriction, as long as all of the original Demo SOFTWARE PRODUCT’s proprietary notices are included. You may not: permit other individuals to use the SOFTWARE PRODUCT except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the SOFTWARE PRODUCT; copy the SOFTWARE PRODUCT (except for archival purposes).
PRODUCT: SOFTWARE PRODUCT license included products distributed by Stage Research, including, but not limited to: SFX, SoftPlot, SoftPlot 3D, Light Shop, Light Grid, Light Factory, ShowBuilder, and other product distributed by Stage Research. Other technologies included in Stage Research products are licensed through other developers and are also protected under this Software Product License.
TITLE: Title, ownership rights, and intellectual property rights in and to the SOFTWARE PRODUCT shall remain in Stage Research and/or its suppliers. The SOFTWARE PRODUCT is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the SOFTWARE PRODUCT is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
DISCLAIMER OF WARRANTY: You acknowledge that the SOFTWARE PRODUCT is supplied “AS IS” and that Stage Research not making, and that no person acting on behalf of Stage Research has made, any warranty or representation as to the SOFTWARE PRODUCT’s functionality, performance characteristics, merchantability or suitability for any particular purpose. All such warranties and representations are hereby excluded to the maximum extent permitted by law. The entire risk as to the quality and performance of the SOFTWARE PRODUCT is borne by you. Should the SOFTWARE PRODUCT prove defective, you and not Stage Research assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL STAGE RESEARCH OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL STAGE RESEARCH BE LIABLE FOR ANY DAMAGES IN EXCESS OF STAGE RESEARCH’S LIST PRICE FOR A LICENSE TO THE SOFTWARE PRODUCT, EVEN IF STAGE RESEARCH SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION: Without prejudice to any other rights, Stage Research may terminate this agreement if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Ohio law as such law applies to agreements between Ohio residents entered into and to be performed within Ohio, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.