Sagata DOE Toolset 1.0

EULA - End User License Agreement

Sagata Ltd.
End User License Agreement
Sagata DOE Toolset - Standard Version
Sagata DOE Toolset - Professional Version
Sagata DOE Toolset - Release Version

Please read the following agreement carefully. If you accept the terms of the agreement, click “I Agree”. By doing so, you agree to be bound by the terms of this agreement. You may not use the Software unless you accept the terms herein. Otherwise click “Cancel” and promptly destroy the software.

VERY IMPORTANT - READ CAREFULLY:
This User License Agreement (“Agreement") is a legal agreement between you, the User - either an individual or a single entity (“Licensee”), and Sagata Ltd. ("Sagata"), which regulates your use of the software product Sagata DOE Toolset – Standard, Professional, or Release Version, that includes computer software, electronic documentation, and any updates and enhancements later provided (“Software”).

1. Ownership. This is a license agreement and not an agreement for sale. Sagata continues to own the copy of the Software contained on the user computer. Your rights to the Software are specified in this Agreement, and Sagata retains all rights not expressly granted to you in this Agreement.

2. Grant of License. Sagata grants to you, and you accept, a non-exclusive, non-transferable license to use the Software on any compatible computer during the license Validity Period beginning from the time of the purchase, provided that the Software is used on only one computer and by one user at a time. License Validity Period is limited to the period specified during the purchase of the license. If no period is expressly specified, then the license is perpetual.

3. Copyright. All title and copyrights in and to the Software, the accompanying printed materials, any copies of the Software, and the format of reports produced by the Software are owned by Sagata Ltd. The Software is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may not make any other copies of the Software in any medium without the express written permission of Sagata. You may not copy or publish the printed materials accompanying the Software in any manner.
4. Limited Liability. To the maximum extent permitted by applicable law, Sagata Ltd shall not be liable for any damages whatsoever (including, but not limited to damages for loss of business profits, business interruption, business information, or other pecuniary loss) arising out of the use or inability to use this product, even if Sagata Ltd has been advised of the possibility of such damages. In any case, Sagata’s entire liability under any provision of this agreement shall be limited to the license fee paid to Sagata.

5. Limited Warranty. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, SAGATA LTD EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR PERFORMANCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SOFTWARE REMAINS WITH YOU.

6. Termination. Sagata Ltd may terminate your license if you fail to comply with the terms and conditions of this Agreement. Upon termination, you agree to stop using, and to destroy all copies of the Software. If you elect to terminate your use of the Software, you will not be entitled to a refund of any portion of the license fee.

7. Other Restrictions.
a) Dual Versions. You may receive multiple versions of the Software and/or in more than one medium. Regardless you may only install or use the Software on a single computer. You may not use or install the other versions on another computer, nor loan, rent, lease or otherwise transfer them.
b) Export Regulations. You acknowledge that the Product is of U.S. origin and subject to U.S. export regulations. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
c) You may not rent, lease, share, publish or loan the Software.

9. Governing Law. This Agreement will be governed under the law of the State of Ohio, USA.

10. Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions.

11. Entire Agreement. This Agreement constitutes the entire agreement between you, the Licensee, and Sagata and supersedes any prior agreement, whether written or oral, relating to this subject matter. This Agreement may be amended only through a written document signed by Sagata and Licensee.