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End User License Agreement For Parallels (R) Workstation
PARALLELS SOFTWARE INTERNATIONAL, INC. LICENSES THIS SOFTWARE
PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER
LICENSE AGREEMENT ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF
THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING
THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION
(THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED
TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY INSTALLING,
COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE
TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, COPY OR USE THE
SOFTWARE AND YOU SHOULD RETURN THE PACKAGE TO THE PLACE OF
PURCHASE WITHIN THIRTY (30) DAYS TO ARRANGE FOR A REFUND OF YOUR
PURCHASE.
THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN
YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY, AND
PARALLELS SOFTWARE INTERNATIONAL, INC. THIS AGREEMENT SUPERSEDES
AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING
YOU MAY HAVE HAD WITH PARALLELS SOFTWARE INTERNATIONAL, INC.
RELATING TO THE SOFTWARE.
Grant of License
----------------------------------------------------------------
Parallels Software International, Inc. hereby grants to you, and
you accept, a limited, nonexclusive license to use the Software
in machine-readable, object code form only, and the user manuals
accompanying the Software (the "Documentation"), only as
authorized in this Agreement. For purposes of this Agreement,
the Software includes any updates, enhancements, modifications,
revisions, or additions to the Software made by Parallels
Software International, Inc. and made available to end-users
through Parallels' web site. Notwithstanding the foregoing,
Parallels Software International, Inc. shall be under no
obligation to provide any updates, enhancements, modifications,
revisions, or additions to the Software.
Scope of Use
----------------------------------------------------------------
You may use one copy of the Software activated with an
activation key on a single personal computer owned, leased, or
otherwise controlled by you, at a single time. If you have
multiple activation keys for the Software, you may make and use
as many copies of the Software as you have activation keys. For
purposes of this Agreement, "use" of the Software means loading
the Software into the temporary or permanent memory of a
computer. Installation of the Software on a network server
solely for distribution to other computers is not "use" of the
Software, and is permitted, as long as you have an activation
key for each computer to which the Software is distributed. The
Software may not be used on or distributed to a greater number
of computers than you have activation keys. If you use or
distribute the Software to multiple users, you must ensure that
the number of users does not exceed the number of activation
keys you have obtained, or you will be in breach of this
Agreement.
License Limitations and Confidentiality
----------------------------------------------------------------
You may not reverse engineer, decompile, disassemble, or
otherwise translate the Software or any activation keys you have
obtained. You may not modify or adapt the Software or any
activation keys that you have obtained in any way. You may not
copy the Software except up to three copies of the Software, the
Documentation, and any activation keys that you have obtained,
solely for backup or archival purposes. You may not remove any
titles, trademarks or trade names, copyright notices, legends,
or other proprietary markings on the Software, Documentation,
or activation keys that were included on such materials when you
first received them. Except as authorized in this Section, no
copies of the Software, Documentation, or activation keys, or
any portions thereof, may be made by you or any person under
your authority or control.
You shall permit only authorized users, who possess rightfully,
obtained activation keys, to use the Software or to view the
Documentation. Except as expressly authorized by this Agreement,
you shall not make available the Software, Documentation, or any
activation key to any third party. You will use your best efforts
to cooperate with and assist Parallels Software International,
Inc. in identifying and preventing any unauthorized use, copying,
or disclosure of the Software, Documentation, or any portion
thereof. You may not disclose the results of any benchmark test
of the Software to any third party.
Term, Termination
----------------------------------------------------------------
This Agreement is effective upon your acceptance of the
Agreement during the installation of the Software. This
Agreement shall continue in effect until terminated. Parallels
Software International, Inc. may terminate this Agreement if you
breach any term of the Agreement. Upon termination of the
Agreement by Parallels Software International, Inc., you agree
to destroy the Software, Documentation, all backup copies
thereof, and all activation keys that you have obtained.
United States Government Restricted Rights
----------------------------------------------------------------
The Software and Documentation are provided with Restricted
Rights. Use, duplication, or disclosure by the government is
subject to restrictions as set forth in subparagraph (c)(f)(ii)
of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 C.F.R.
S:52.227-19, as applicable.
Limited Warranty
----------------------------------------------------------------
Parallels Software International, Inc. warrants for a period of
90 days from the date of purchase (referred to as the "Warranty
Period") that the media on which the Software is delivered will
be free from defects in material and workmanship. Parallels
Software International, Inc. further warrants that the Software
shall operate substantially in accordance with the functional
specifications contained in the User Manual. Parallels Software
International, Inc. does not warrant uninterrupted or error-free
operation of the Software. If during the Warranty Period, a
defect in the Program appears, you may return the Program to
your distributor for either replacement or, if so elected by
distributor, refund of amounts paid by you under this Agreement.
Disclaimer
----------------------------------------------------------------
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND
PARALLELS SOFTWARE INTERNATIONAL, INC. DISCLAIMS ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW.
WITHOUT LIMITATION OF THE FOREGOING, PARALLELS SOFTWARE
INTERNATIONAL, INC. EXPRESSLY DOES NOT WARRANTS THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF
THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY
AND THE PERFORMANCE OF THE SOFTWARE.
Limitation of Liability
----------------------------------------------------------------
PARALLELS SOFTWARE INTERNATIONAL, INC. CUMULATIVE LIABILITY TO
YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES
RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION
PARALLELS' INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS, IN
NO EVENT SHALL EXCEED THE AMOUNT OF LICENSE FEES PAID TO
PARALLELS SOFTWARE INTERNATIONAL, INC. BY YOU UNDER THIS
AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR
CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH
OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL
PARALLELS SOFTWARE INTERNATIONAL, INC. BE LIABLE TO YOU OR ANY
PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF
PARALLELS SOFTWARE INTERNATIONAL, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Trial Activation
----------------------------------------------------------------
Parallels Software International, Inc. provides the trial
activation key for free. During trial period you may only
evaluate suitability of the Software to your needs. The limited
warranty described below is not applicable in this case. Upon
expiration you must either purchase a permanent activation key
or destroy the Software, Documentation, all backup copies
thereof, and all trial activation keys that you have obtained.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU "AS IS", AND
PARALLELS SOFTWARE INTERNATIONAL, INC. DISCLAIMS ANY AND ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW.
PARALLELS SOFTWARE INTERNATIONAL, INC. BEARS NO LIABILITY FOR
ANY DAMAGES RESULTING FROM THE INSTALLATION OR USE OF THE
SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND
THE PERFORMANCE OF THE SOFTWARE.
Third-Party Software Licenses
----------------------------------------------------------------
The Software allows running of several Operating Systems
together with their applications simultaneously on one physical
computer. Parallels Software International, Inc. does not
provide you with any such licenses. It is solely your
responsibility to obtain any such Operating System licenses as
well as any other third-party software licenses.
Governing Law and Choice of Forum
----------------------------------------------------------------
This Agreement shall be governed by and interpreted in
accordance with the laws of the Commonwealth of Virginia,
without regard to the conflicts of law rules thereof. Any claim
or dispute arising in connection with this EULA shall be
resolved in the federal or state courts situated within the
Eastern District of Virginia. To the maximum extent permitted by
law, you hereby consent to the jurisdiction and venue of such
courts and waive any objections to the jurisdiction or venue of
such courts.
Contact Info
----------------------------------------------------------------
Copyright (C) 2005-2006 Parallels Software International, Inc.
All rights reserved.
Parallels is a registered trademark of Parallels Software
International, Inc.
This product is based on a technology that is the subject matter
of a number of pending patent applications.
Product Site http://www.parallels.com/
E-Mail info@parallels.com
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