EULA (End User License Agreement for ROStoreLocator)
This is a CONTRACT between you (either an individual or a single entity) and REACHOUTSIDE, LLC., which covers your use of "RO Store Locator" and related software components. All such software is referred to herein as the "Software Product." A software license issued to a designated user only by Reachoutside, LLC. or its authorized agents is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this End-User License Agreement (EULA) you are acknowledging and agreeing to be bound by the following terms:
Installation and Use:
The module can be installed on one DotNetNuke insallation and used by any portal running on that installation.
Summary of this EULA:
1. Evaluation copies may only be used to determine suitability
2. License for use is non-exclusive, non transferable right
a. User has the right to modify, alter, improve, or enhance the Software Product if you own the source code license. However you may not re-sell the product before or after any alterations are made.
b. Any distribution of modified Software Product must be agreed upon between REACHOUTSIDE, LLC. and the user prior to distribution
c. Support of modified Software Product must be agreed upon between REACHOUTSIDE, LLC. and the user prior to distribution
d. You may install each Software Product License on a single DNN portal. A separate license must be obtained for EACH portal you wish to install the product upon. The license is on a per-portal basis within a single DNN site. Multiple licenses must be obtained in order to install the product on more than one DNN portal. Source code purchase constitutes one license, however regular/non-source code versions may be purchased for any additional distribution onto other portals within the site, and the modifications made to the source code can be applied to any of these portals that were licensed with our non-source PA installation.
e. You may not charge users of the locator module on a subscription basis by providing a hosted locator solution using the product or any product derived from the modification of the original product.
3. The Software Product is owned by REACHOUTSIDE, LLC. and is protected by United States and international copyright laws
4. You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without REACHOUTSIDE, LLC.'s written approval
5. You hereby agree to indemnify REACHOUTSIDE, LLC. against and hold harmless REACHOUTSIDE, LLC. from any claims
6. Any software provided along with the Software Product that is associated with a separate license agreement
7. REACHOUTSIDE, LLC. may provide you with support services related to the Software Product
8. REACHOUTSIDE, LLC. may terminate this EULA if you fail to comply with any term or condition of this EULA
9. U.S. Government use
10. Export of Software Product is limited to that allowable by law
11. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS”
12. Limitation of liability
13. High risk activities
14. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect
15. If you are located outside the U.S., then the provisions of this Section shall apply
1. EVALUATION LICENSE WARNING
This Software Product under special circumstances be used in conjunction with a free evaluation Software Product License. If you are using such an evaluation Software Product License, you may use the Software Product only to evaluate its suitability for purchase. Evaluation Software has been limited in some way either through timeouts, disabled save or restricted use. REACHOUTSIDE, LLC. BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER EXPIRATION) OF THE SOFTWARE PRODUCT AND HAS NO DUTY TO PROVIDE ANY SUPPORT BEFORE OR AFTER THE EXPIRATION DATE OF AN EVALUATION LICENSE.
2. GRANT OF NON-EXCLUSIVE LICENSE
REACHOUTSIDE, LLC. grants the non-exclusive, non-transferable right for a single user, or household to use this Software Product. Each additional user or household of the Software Product requires an additional Software Product License. A household is defined as you, your spouse, and any dependents living within your residence.
When the source code is provided with the Software Product, REACHOUTSIDE, LLC. grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA.
Although rights to modification of the Software Product are granted by this EULA, you may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the Software Product also does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it non-supportable by REACHOUTSIDE, LLC.. You may, at your discretion, contact REACHOUTSIDE, LLC. about distribution of the altered Software Product, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered Software Product will become supported by the party designated in the agreement between REACHOUTSIDE, LLC. and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between REACHOUTSIDE, LLC. and the user. You may not distribute or redistribute changes made to the Software Product to anyone other than groups designated by the agreement between REACHOUTSIDE, LLC. and the user. Contact REACHOUTSIDE, LLC. using the information included at the end of this document.
Although the source code for the Software Product may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from REACHOUTSIDE, LLC..
You may make copies of the Software Product as is reasonably necessary for its use. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
You may install each Software Product License on a single computer system. A second installation of the same Software Product License may be made on one other computer system, so long as both copies of the same Software Product License never come into concurrent use. You may also make copies of the Software Product License as necessary for backup and/or archival purposes. Backup and archival copies may not come into active use with the Software Product for any purpose. No other copies may be made.
You may not modify or create derivative copies of the Software Product License.
All rights not expressly granted to you are retained by REACHOUTSIDE, LLC..
3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY REACHOUTSIDE, LLC.
The Software Product is owned by REACHOUTSIDE, LLC. and is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from REACHOUTSIDE, LLC. or its designated agents. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of REACHOUTSIDE, LLC.. REACHOUTSIDE, LLC. reserves all intellectual property rights, including copyrights, and trademark rights.
4. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without REACHOUTSIDE, LLC.'s written approval, and subject to written agreement by the recipient of the terms of this EULA.
You hereby agree to indemnify REACHOUTSIDE, LLC. against and hold harmless Reachoutside, LLC. from any claims, lawsuits or other losses that arise out of your breach of any provision of this EULA.
6. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software Product. Copies of these third party licenses are included in all copies of the Software Product.
7. SUPPORT SERVICES
REACHOUTSIDE, LLC. may provide you with support services related to the Software Product. Use of any such support services is governed by REACHOUTSIDE, LLC. policies and programs described in online documentation and/or other REACHOUTSIDE, LLC.-provided materials.
As part of these support services, REACHOUTSIDE, LLC. may make available bug lists, planned feature lists, and other supplemental informational materials. REACHOUTSIDE, LLC. MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST REACHOUTSIDE, LLC..
Any supplemental software code or related materials that REACHOUTSIDE, LLC. provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.
With respect to any technical information you provide to REACHOUTSIDE, LLC. as part of the support services, REACHOUTSIDE, LLC. may use such information for its business purposes without restriction, including product support and development. REACHOUTSIDE, LLC. Inc. will not use such technical information in a form that personally identifies you without first obtaining your permission.
8. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
REACHOUTSIDE, LLC. may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.
9. U.S. GOVERNMENT USE
If the Software Product is licensed under a U.S. Government contract, you acknowledge that the software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the software is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this EULA.
10. EXPORT RESTRICTIONS
You will not download, export, or re-export the Software Product, any part thereof, or any software, tool, process, or service that is the direct product of the Software Product, to any country, person, or entity -- even to foreign units of your own company -- if such a transfer is in violation of U.S. export restrictions.
11. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS,"
AND REACHOUTSIDE, LLC. AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REACHOUTSIDE, LLC. AND ITS THIRD PARTY SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
12. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL REACHOUTSIDE, LLC. OR ITS THIRD PARTY SUPPLIERS AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF REACHOUTSIDE, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, REACHOUTSIDE, LLC.'S, AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST PRICE; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A REACHOUTSIDE, LLC. SUPPORT SERVICES AGREEMENT, REACHOUTSIDE, LLC.'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
13. HIGH RISK ACTIVITIES
The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, REACHOUTSIDE, LLC. and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that REACHOUTSIDE, LLC. and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.
If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
15. OUTSIDE THE U.S.
If you are located outside the U.S., then the provisions of this Section shall apply. The parties confirm that this EULA and all related documentation is and will be in the English language. You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software Product, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
If you have any questions about this EULA, or if you want to contact REACHOUTSIDE, LLC. for any reason, please direct all correspondence to: