Project Analyzer license terms

SOFTWARE LICENSE
Aivosto Project Analyzer v10

This is an agreement between you, the end user, and Aivosto Oy, a Finland company. By installing, copying, distributing or using this software program, you agree to be bound by the terms of this license agreement.

This agreement applies to version 10 of the software program Project Analyzer, including all available editions, add-in tools, VBA Plug, Project Metrics Viewer and documentation, hereinafter referred to as the Software.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, DISTRIBUTE OR USE THIS SOFTWARE.

1. GRANT OF LICENSE. Aivosto Oy grants to you a nonexclusive license to install, copy, distribute and use the Software, in machine-readable binary executable code form, according to the terms set forth below.

2. VERSIONS. The Software is provided under a "Try before you buy" concept. A Demo Version is a copy of the Software with a limited use period and/or a limited set of features. The Demo Version is labeled with the word "Demo" and is provided for the purpose of evaluation. A Full Version is a copy of the Software where some or all Demo Version limits on the use period and/or set of features have been lifted.

3. USE OF THE DEMO VERSION. Subject to these terms, you are hereby licensed to use the Demo Version for evaluation purposes without charge for a period of 90 days.

4. DISTRIBUTION OF THE DEMO VERSION. You may copy and distribute the Demo Version of the Software to anyone via any means provided that
a) you copy and distribute the complete, unmodified Demo Version as available from Aivosto Oy, AND
b) you don't copy or distribute any instructions or methods to turn the Demo Version to a Full Version, AND
c) you don't charge anything for the Demo Version, other than a reasonable cost for the storage media it is on, AND
d) you agree to stop further distribution of the Demo Version when three (3) years have passed since the Demo Version was made available by Aivosto Oy, AND
e) you agree to stop further distribution of the Demo Version if requested by Aivosto Oy.

Although not required, Aivosto Oy recommends that all distributors inform Aivosto Oy of their distribution of the Software.

5. USE OF THE FULL VERSION. Use of the Software for any other purposes than what is described above under the headings "Use of the Demo Version" and "Distribution of the Demo Version" requires a valid license to use the Full Version and an activated Full Version Installation.

You may not copy or distribute the Full Version. A valid license to use the Full Version entitles you to make a reasonable number of copies for your own licensed use.

An Installation is defined as an installed and activated Full Version of the Software. Each computer hardware and operating system user account combination requires a separate Installation.

The license type defines the number of Installations and users allowed. Additional Installations are permitted only if the Software is first uninstalled so that the number of Installations allowed by the license type is not exceeded at any time. Unless otherwise indicated, your license is a single user license.

A SINGLE USER LICENSE permits two (2) Installations of the Software:
- a primary Installation for one (1) simultaneous user, and
- a secondary Installation for the exclusive use of the primary user of the primary Installation.

A TEAM LICENSE is equivalent to five (5) single user licenses.

AN N-PACK, where N is a number, is equivalent to N single user licenses.

A SITE LICENSE allows one hundred (100) Installations. The site license covers any number of users in a single organization within a radius of 3 miles (5 km). This area is referred to as the Site. In addition, employees of the organization are allowed to use the Software outside the Site on their portable and home computers in either of the following cases: the employee either works solely at home, or the employee works at the Site a minimum of one day/week. Independent contractors of the organization may use the Software at the Site but not at other locations.

AN UNLIMITED SITE LICENSE is equivalent to a site license that allows an unlimited number of Installations.

A WORLD-WIDE LICENSE is equivalent to a site license that covers any location where the organization operates. The size of the license determines the allowed number of Installations.

6. ACTIVATION. Installation and use of the Software may require technical activation using an Internet connection. If the computer hardware, system environment or operating system user account information is changed, or the Installation has been damaged, a new activation may be required. Aivosto Oy may limit the number of activations in a given time period. Before activation, Aivosto Oy may require proof of purchase of a valid license and proof of uninstallation of an existing Installation.

Activation may be permanent or temporary. A temporary activation is valid for a limited time period; continued use of the Software may require a new activation after the period.

The availability of activation is guaranteed for three (3) years after purchase. During this time, activation is free of charge. After this time, activation may not be available or may require additional payment at the decision of Aivosto Oy.

7. UPGRADES. To obtain this license as a product upgrade or conversion, you must first have a license for the software that is eligible for the upgrade or conversion (Previous License). Upon upgrade or conversion, this agreement takes the place of the license agreement of the Previous License, and the Previous License terminates.

Unless otherwise indicated, a valid license to use the Full Version includes the right to install free version updates, provided that the major version number has not changed. Before giving a free update, Aivosto Oy may require proof of purchase of a valid license. Aivosto Oy reserves the right to assign version numbers.

8. TRANSFERS. You may transfer a license to the Software to someone else by written consent of Aivosto Oy. Such consent is not to be unreasonably withheld provided that you conform to the following requirements:
a) you delete all Installations and copies of the Full Version, AND
b) you inform Aivosto Oy of the transfer 30 days in advance, AND
c) you don't transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary basis, AND
d) you transfer your entire license.

9. COPYRIGHT. The Software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you.

10. REVERSE ENGINEERING AND CRACKING. You agree that you will not attempt to reverse compile, modify, adapt, translate, copy, emulate, clone, or disassemble the Software in whole or in part. You also agree that you will not attempt to circumvent ("crack") any technical limitations on the period of use or available set of features of the Software, unless permitted by a valid license. Any version of the Software that is not digitally signed by Aivosto Oy, Finland, is considered a Modified Version. You may not install, copy, distribute or use a Modified Version.

11. PROHIBITED USES. The Software may not be used for the design, development, production, use or stockpiling of weapons. The Software may not be used to provide automated services to anyone who is not licensed to use the Software.

12. DISCLAIMER OF WARRANTIES. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The user must assume the entire risk of using the program. AIVOSTO OY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AIVOSTO OY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF AIVOSTO OY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

13. TERMINATION. This license is effective until terminated. If indicated as a time-limited license, this license will immediately terminate without notice from Aivosto Oy when the license period expires. This license will immediately terminate without notice from Aivosto Oy if you fail to comply with any provision of this license. Upon termination you shall destroy all the copies and Installations of the Software, including modified copies, if any.

14. GOVERNING LAW AND DISPUTES. This agreement shall be governed by the laws of Finland and shall benefit Aivosto Oy, its successors and assigns. Any disputes shall be settled primarily through negotiations. In the event that disputes cannot be settled through negotiations, they shall be settled by the Finnish courts at the domicile of Aivosto Oy.

15. SEVERABILITY. In the event of invalidity of any provision of this license, such invalidity shall not affect the validity of the remaining portions of this license.

16. RESERVED RIGHTS. Aivosto Oy reserves the right to change the license terms at any time, in which case the new terms will apply to copies of the Software produced or obtained after the change.

Aivosto Oy
Business Identity Code: 1107215-7
Country of domicile: Finland
URL: www.aivosto.com

END OF LICENSE