EZblue End User Product License
EZblue Software Corporation. ("EZBLUE SOFTWARE CORP.")
EZblue Business Server (TM)
END USER LIMITED LICENSE AGREEMENT (the "Agreement")
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF EZblue Business Server., INCLUDING ITS CODE AND DOCUMENTATION (THE "PROGRAM") BEFORE USING THE PROGRAM.
1. EZblue Business Server software is a combination of open source code and EZblue Software Corp. proprietary software. The open source software programs portions included in EZblue server are licensed (or sublicensed) to the user under the GNU General Public License ("GPL") and other similar open source license agreements (collectively, "OSLAs") which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code. The source codes for the open source portions of the EZblue Business Server operating system are available for purchase as a CD set for $25 by calling or emailing EZblue software corp. A copy of the GNU General Public License (GPL) and Some good background information on software licenses and a copy of the license can be found at the GNU web site. This is the most common free license in use in the world.
The source codes for the open source portions of the EZblue Business Server operating system is a collective work consisting of the following major Open Source components: Debian Linux, Apache software, MySQL server, PHP, SquirrelMail, and others each licensed under a separate Open Source License. EZblue Software Corp. is not affiliated with nor endorsed by any of the above providers.
"The Program" is the proprietary EZblue Software Corp.'s Dashboard interface and the Magellan Desktop. "The program" does not include the Open Source components such as Debian Linux, Apache, Samba, etc... The Open Source components distributed within the EZblue Business Server may freely be distributed under their GPL/Open Source licenses.
EZBLUE SOFTWARE CORP. PROVIDES YOU WITH ONE COPY OF THE PROGRAM AND LICENSES THE PROGRAM TO YOU PURSUANT TO THE TERMS OF THIS AGREEMENT.
(a) The Program is provided solely for your nonexclusive, limited use for single or multiple users connected to a single or multiples EZblue Business Server. for your internal data processing purposes. You may NOT exceed this usage limitation.
You will receive online email based support for Program in accordance with EZBLUE SOFTWARE CORP.'s standard policies.
(b) If the Program is a beta program and not generally available to date, EZBLUE SOFTWARE CORP. does not guarantee that the generally available release will be identical to the beta program or that the generally available release will not require reinstallation. You agree that if otherwise required by EZBLUE SOFTWARE CORP., you shall provide EZBLUE SOFTWARE CORP. with specific information concerning your experiences with the operation of the Program.
(c) If the Program is an evaluation version, you agree to use the Program solely for evaluation purposes, in accordance with usage restrictions set forth in Section 1(a), for the thirty-day evaluation period. At the end of the evaluation period, you agree to return to EZBLUE SOFTWARE CORP. all copies or partial copies of the Program or certify to EZBLUE SOFTWARE CORP. that all copies or partial copies of the Program have been destroyed from your computer libraries and/or storage devices. You agree and acknowledge that the evaluation version of the Program will not operate after the expiration of the evaluation period.
(d) You may copy the Program solely for backup or archival purposes. The Program is a trade secret of EZBLUE SOFTWARE CORP. and confidential information of EZBLUE SOFTWARE CORP. and its licensors. You agree to keep the Program strictly confidential and not to disclose the Program nor allow anyone to have access to the Program other than your authorized employees. Title to the Program and all changes, modifications and derivative works thereto shall remain with EZBLUE SOFTWARE CORP. and its licensors. The Program is protected by copyright, patent, trademark and other laws and international treaties, EZBLUE SOFTWARE CORP. and its licensors.
2. Without the prior written consent of EZBLUE SOFTWARE CORP., you may not:
(a) transfer, assign, use, copy, distribute or modify the Program, in whole or in part, except as expressly permitted in this Agreement;
(b) decompile, reverse assemble or otherwise reverse engineer the Program, except as expressly permitted under applicable law;
(c) remove or alter any of the copyright notices or other proprietary markings on any copies of the Program; or
(d) perform, publish or release benchmarks or other comparisons of the Program without EZBLUE SOFTWARE CORP.'s prior written consent.
3. EZBLUE SOFTWARE CORP. may immediately terminate this Agreement in the event of any failure to comply with any of the above terms. Such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to EZBLUE SOFTWARE CORP.
4. EZBLUE SOFTWARE CORP. DOES NOT WARRANT THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR FREE OR WILL APPEAR AS DESCRIBED IN THE DOCUMENTATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND; (B) EZBLUE SOFTWARE CORP. AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (C) IN NO EVENT WILL EZBLUE SOFTWARE CORP. OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING TIME, MONEY, GOODWILL AND ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM EVEN IF EZBLUE SOFTWARE CORP. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
5. You acknowledge that the Program is provided with "Restricted Rights" as set forth in 48 C.F.R. Sec. 12.212, 48 C.F.R. Sec. 52.227-19(c)(1) and (2) or DFARS Sec. 252.227.7013(c)(1)(ii) or such applicable successor provisions. EZBLUE SOFTWARE CORP. is the manufacturer of the Program. This Agreement shall be construed according to and governed by the laws of the State of Nevada. You are required to observe the relevant US Export Administration Regulations and other applicable regulations. Outside the United States, no product support services, if available, will be offered by EZBLUE SOFTWARE CORP. without a proof of purchase or license from an authorized source.
By pressing the ["Yes"] button on the next screen is also an indication of your agreement that you comply with each of the following export restriction statements.
No software from this site may be downloaded or otherwise exported or re-exported directly or indirectly: into ( or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any or organization or company on the United States Department of Treasury list of Specially Designated Nationals, Specially Designated Terrorists, Specially Designated Narcotic Traffickers, United States Department of Commerce Table of Denial Orders or Denial Parties list.
I will not use the programs for, and will not allow the Software to be used for, any purposes prohibited by United States law, including without limitation, for the development, design, manufacture or production of nuclear chemical or biological weapons of mass destruction.
Any questions concerning this Agreement should be referred to EZBLUE SOFTWARE CORP. P.O. Box 2521 Corrales, NM 87048