IMPORTANT: READ THESE TERMS BEFORE ACCEPTING THE VARCO REPORTING SOFTWARE LICENSE. BY HAVING ACCEPTED THIS SOFTWARE LICENSE YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED BY YOUR COMPANY TO DO SO AND YOUR COMPANY AGREES TO THE TERMS OF THIS SOFTWARE LICENSE.
The Varco Reporting ("Varco") software (the "Software"), owned and distributed by Varco Consulting, is not freeware. The Software you are installing or using is either an unregistered version which can be turned into a fully functional registered copy, or a registered fully functional version.
This Software License Agreement ("Agreement") is between you (either an individual or an entity) and Varco. By installing and/or using the Software, you agree to be bound by the terms of this agreement.
"Software" is comprised of the Varco custom ActiveReports Viewer, ActiveReports RPX report files containing "Varco Reporting" in the filename, and the ActiveReports DLL's installed with and used by the Software.
"Registered Software" is a version of the Software that is fully functional and has been Registered with Varco after a license fee has been paid..
"Un-registered Version" or "Complimentary Version" is a version of the Software that is not licensed and is partially disabled.
"Registered Users" are users of the Software who have received Registered Software from Varco for use with a single Hasp or NetHasp.
"Site Licenses" are sites who have received Registered Software from Varco for use on multiple systems.
Under the terms of this license you may:
1.1. Use the Unregistered Software on any number of computers at any one time; and
1.2. Upon requesting and receiving written permission from Varco, you may copy and distribute verbatim copies of the Unregistered Software, in any medium, provided that you do not modify it in any fashion, keep intact all the notices that refer to this License and to the absence of any warranty, and do not pass on any Registered Version which you have received. If you distribute copies of the Software, you shall not charge anything except the cost of the media and a fair estimate of the costs of computer time or network time directly attributable to the copying. In any event, no fees may be charged without the express written permission of Varco to do so; and
1.3. Registered Users are granted a non-exclusive, nontransferable license to use one copy of the Registered Software on only a single computer at any one time. The Registered Software is "in use" when it is loaded into random access memory or installed on a hard disk or other storage device (other than a network server). Installing the Registered Software on a network server solely for the purpose of internally distributing the Registered Software shall not constitute "in use", provided that you have a license for each computer to which the Registered Software is distributed. If the number of users of the Registered Software is reasonably anticipated to exceed the number of corresponding licenses, you shall ensure that the number of concurrent users does not exceed the number of licenses; and
1.4. In the case of a Site License, all terms of the agreement except 1.3 apply. The purchase of a Site License grants a non-exclusive nontransferable license to use any number of copies of the Registered Software on any number of computers that are physically located at the licensed site. The Registered Software may not be redistributed or offered outside of the network that covers the physical location of the site.
You shall not:
2.1 Use, copy, modify, translate or merge the Software except as provided in this agreement; or
2.2 Reverse-engineer, dissemble, or decompile the Software; or
2.3 Sublicense, rent, lease, sell or assign any portion of the Software; or
2.4 Transfer, provide or make available the Software to any other party except as provided for in section 1.2; or
2.5 Transfer Registration Details to any other party without the express written permission of Varco; or
2.6 Allow any access to the software by any party that as part of their business create reports of the same or similar type as the Software; or
2.7 Export or re-export the Software, or any portion thereof.
OWNERSHIP OF SOFTWARE & COPYRIGHT:
The Software (including, but not limited to, any images, photographs, animations, video, audio, music, text, "applets", database files, and program files) is owned by Varco and is protected by United States Copyright laws, international copyright treaty provisions and trade secret laws. You shall treat the Software like any copyrighted material. Except for the limited license granted in this Agreement, all right, title and interest in and to the Software shall remain with Varco.
Varco warrants for a period of thirty (30) days after payment of the applicable Software license fee that the Registered Software will operate substantially in conformance with Varco's public user documentation. The Un-registered Version Software has no warranty. Except as expressly stated above, the Software is provided "AS IS." You shall be entirely responsible for the selection of the Software and for the installation of, use of, and results obtained from, the Software. ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS ACCOMPANYING THE SOFTWARE, ARE EXCLUDED FROM THE LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
NO LIABILITY FOR DAMAGES:
IN NO EVENT SHALL VARCO BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF VARCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VARCO'S TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT OR TORT, WILL IN NO EVENT EXCEED THE SOFTWARE LICENSE FEES PAID BY YOU TO VARCO. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This license and your right to use the Software shall terminate automatically if you violate any part of this Agreement. In the event of termination, you shall immediately cease all use of the Software and destroy or return to Varco at your expense all copies of the Software. This Agreement is the sole and entire agreement between the parties relating to the subject matter hereof. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. Modifications and amendments to this Agreement shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled. This Agreement will be governed by the laws of the State of Oregon, except for that state's conflict of laws provisions. This Agreement will not be governed by United Nation Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.