This TRILENT End-User License Agreement ("EULA") is a legal
agreement between you, the end user of the software product
("Software"), and TRILENT LLC ("TRILENT").
If you do not agree with the terms of this EULA, do not install,
copy, or use the Software. By installing, copying, or otherwise
using the Software, you agree to be bound by the terms of this EULA.
This EULA applies both to the version of the Software provided
for evaluation purposes free of charge for a limited period of
time ("Evaluation Copy") and to the registered version ("Registered
Copy") of the Software, for which a fee has been paid and a unique
registration code ("Registration Code") obtained.
The Software remains the property of TRILENT. TRILENT grants you
a limited, nonexclusive license to install and use the Software on
a single computer, subject to the terms and restrictions set forth
in this EULA.
All rights in the Software which are not expressly granted
in this EULA are reserved to and by TRILENT. This EULA does not
grant you any rights to source code, patents, copyrights, trade
secrets, trademarks, or any other rights in respect to the Software.
You may not lease, modify, translate, reverse engineer, decompile,
disassemble, or create derivative works based on the Software, nor
permit anyone else to do so. You may not publish, copy, share, sell,
or distribute the unique Registration Code included as part of the
Software to anyone for any reason.
You may permanently transfer all of your rights under this EULA,
provided you retain no copies, you transfer all of the Software
(including all component parts, documentation, any upgrades, this
EULA, and any registration codes or passwords), and the recipient
agrees to the terms of this EULA.
TRILENT warrants, for a period of one (1) year from delivery, that
each Registered Copy of the Software will conform in all material
respects to the description of such Software's operation in its
documentation. In the event that the Software does not operate
as warranted, your exclusive remedy and TRILENT's sole liability
under this warranty shall be a) the correction or workaround by
TRILENT of major defects within a reasonable time, or b) should
such correction or workaround prove not practical, termination of
this EULA and refund of the initial fee paid to TRILENT for the
Software.
Each Evaluation Copy of the Software, for which no fee has been
paid, and all Software distributed free of charge,
is provided "as-is" and without warranty of any kind.
Any liability of TRILENT shall be limited exclusively to refund of
purchase price. In addition, to the maximum extent permitted by
applicable law, in no event shall TRILENT be liable for any indirect,
incidental, consequential, or punitive damages whatsoever arising out
of your use of the Software. Some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, so the above limitation may not apply to you.
The use of the Software in critical applications and systems, where
the Software failure may result in physical injury or in loss of
life, is expressly prohibited. You shall indemnify and hold TRILENT
harmless from and against any claims or liabilities relating to such
unauthorized use.
The Software is subject to all pertinent import and export laws of the
United States and the laws of the country in which you obtained and/or
use it. You agree that you will be solely responsible for compliance
with all such laws.
This EULA shall be governed by the laws of the State of Colorado.
You agree that the U.N. Convention on Contracts for the International
Sale of Goods shall not apply to this EULA.