End User License Agreement
This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and DSI International Incorporated regarding the use of DSI International’s software and service entitled eXpress Design Viewer, which may include user documentation, provided in "online" or electronic form.
Definitions
“DSI” means DSI International Incorporated, 1574 North Batavia, Suite 3 Orange, CA 92867.
“Design Viewer” means the DSI software and services entitled the eXpress Design Viewer, which may include user documentation, provided in "online" or electronic form.
“Authoring Software” means the DSI software and services entitled the eXpress Run-Time Authoring Tool, which may include user documentation, provided in "online" or electronic form.
“DSI Software” means any software provided by DSI International, including eXpress, the eXpress Run-Time Authoring Tool, the eXpress Design Viewer and associated user documentation, provided in “online” or electronic form.
“Licensee” means the End User (either an individual or an entity) that has been granted a license to the eXpress Design Viewer and has accepted the conditions of this Agreement.
“Distributor” means the licensee of the eXpress Run-Time Authoring Tool acting as a distributor of the eXpress Design Viewer software and documentation. A user of the eXpress Design Viewer may act as a “Distributor” of the eXpress Design Viewer under the terms of this agreement.
eXpress Design Viewer Distribution License Agreement
Subject to the terms of this Agreement, including the requirements and restrictions below, and only for purposes of achieving the distribution of the eXpress Design Viewer, DSI grants the licensee a “Distributor License” granting the licensee a non-exclusive, non-transferable, worldwide, royalty-free license to reproduce and distribute the eXpress Design Viewer, in all cases solely for the use of displaying data published by the Authoring Software.
Distribution
(a) Distributor may distribute the eXpress Design Viewer separately or as a part of or with Distributor Product or Distributor Service (i) through electronic means such as electronic download-- including, without limitation, electronic software download-- for example bundled in Distributor's installer, which in turn, is downloaded through the Internet and (ii) on physical media (such as CD-ROMs, DVDs, hard disk, etc.).
(b) In all cases the Software is to be distributed in complete and unmodified form and only for purposes of displaying data published by the Authoring Software.
Distribution Requirements
Distributable Version, Access. Distributor will distribute only the version of the eXpress Design Viewer provided to Distributor by DSI upon completion of this agreement or as available on the DSI web site www.dsiintl.com. Distributor will not distribute any version of the eXpress Design Viewer found elsewhere, including any other download site on the Internet. DSI may provide Distributor with access to the distributable version of the Software via electronic download at a specified website.
Sublicensing Requirements. Distributor will distribute, and will ensure that its distributors and resellers distribute, the eXpress Design Viewer under the DSI End User License Agreement accompanying the Authoring Software.
Restrictions
(a) No Unauthorized Distribution. Unless Distributor has separate written permission from DSI, it will not distribute the eXpress Design Viewer in any manner not permitted by the Distribution Requirements stated herein.
(b) No Transfer. License may not rent, lease, sublicense, assign or transfer its rights under this agreement, or authorize all or any portion of the Authoring Software or eXpress Design Viewer to be copied except as may be expressly permitted herein.
(c) No Modification, No Reverse Engineering. Licensee shall not modify, adapt, translate or create derivative works based upon the eXpress Design Viewer in any way, including without limitation, removal of the installer program, electronic end user license agreement, "About" screen, or any copyright or other proprietary notice that appears in the eXpress Design Viewer. Distributor shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent Distributor may be expressly permitted to reverse engineer or decompile under applicable law.
Copyright
The eXpress Design Viewer is owned by DSI International and is protected by United States copyright laws and international treaty provisions. DSI owns and retain all rights, title, and interest in and to eXpress Design Viewer, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, you may not use, copy, or distribute the eXpress Design Viewer without authorization or in accordance with this Agreement. You may not copy the printed materials accompanying Authoring Software, if any, nor print copies of any user documentation provided in "online" or electronic form.
No Warranties
DSI Software is provided "AS-IS" without any warranty whatsoever. You assume all risks and responsibilities for selection of DSI Software to achieve your intended results, and for the installation of, use of, and results obtained from DSI Software. DSI International makes no warranty that DSI Software will be error free or free from interruption or failure. To the maximum extent permitted by applicable law, DSI International disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to DSI Software and the accompanying written materials. Some states do not allow limitations or implied warranties, so the above limitation may not apply to you. You hereby acknowledge that DSI Software may not be or become available due to any number of factors including without limitation periodic system maintenance, scheduled or unscheduled, acts of God, technical failure of DSI Software, telecommunications infrastructure, or disruption attributable to the turn of the millennium. Therefore DSI International expressly disclaims any express or implied warranty regarding system and/or software availability, accessibility, or performance. Limited liability; no liability for consequential damages. You assume the entire cost of any damage resulting from your use of DSI Software, and the information contained in or compiled by DSI Software. To the maximum extent permitted by applicable law, in no event will DSI International or its suppliers or licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill; work stopage; hardware or software failure, or other pecuniary loss) arising out of the use or inability to use DSI Software, even if such party has been advised of the possibility of such damages. In no event will DSI International's total liability to you for all damages in any one or more cause of action, whether in contract, tort or otherwise. Exceed the amount paid by your for the licensed DSI Software. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. Government-Restricted Rights
The eXpress Design Viewer and accompanying documentation are deemed to be "commercial computer Software" and "commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Authoring Software and the eXpress Design Viewer and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
Export Restrictions
You may not download, export, or re-export the eXpress Design Viewer (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the eXpress Design Viewer, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any and all government export and other applicable laws and that DSI International has no further responsibility for such after the initial license to you.
General
This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Any dispute between you and DSI International regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of California. This Agreement is the entire agreement between you and DSI International and supersedes any other communications or advertising with respect to the eXpress Design Viewer and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of DSI International.
Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact DSI International for any reason, please call (714) 637-9325, fax (714) 637-0584, or write: DSI International, 1574 N. Batavia, #3, Orange, California 92867.
