News
New useful tool for iPhone fans is available now!
Posting new photos won't be a disaster any longer! New product iUniqable was manufactured and designed exclusively for iPhone fans. iUniqable allows you to send photos to your blog. It supports posting photos to Facebook and Flickr. Intuitively obvious navigation helps to do it with pleasure and smile. Now it is as convenient as it has never been before.
Visit the website of the developer at www.enterra-inc.com
Service agreement
ENTERRA Inc WARRANTY STATEMENT AND SOFTWARE DISTRIBUTION AGREEMENT ("AGREEMENT")
NOTICE TO USER: THIS DOCUMENT INCLUDES WARRANTY INFORMATION AND A LICENSE AGREEMENT GOVERNING DISTRIBUTION OF ENTERRA Inc SOFTWARE.
I. WARRANTY AND LIABILITY LIMITATIONS AND DISCLAIMERS NO WARRANTY. The Software is made available by Enterra Inc for reproduction and distribution "AS IS" and Enterra makes no warranty as to its use or performance. ENTERRA AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. ENTERRA Inc AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF ANY PARTY'S RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY. IN NO EVENT WILL ENTERRA Inc OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ENTERRA Inc REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
II. DISTRIBUTION AGREEMENT THIS IS A CONTRACT BETWEEN ENTERRA INCORPORATED AND [FIRST NAME], [LAST NAME], [COMPANY NAME] LOCATED AT [ADDRESS, CITY, STATE, ZIP, COUNTRY] ("Licensee"). LICENSEE HAS INDICATED ACCEPTANCE OF THIS AGREEMENT BY CLICKING "ACCEPT" AT http://www.iniqable.com AND THEREFORE HAS AGREED TO AND IS BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU HAVE FILLED OUT THE AGREEMENT IN ERROR, OR DO NOT WISH TO BE BOUND BY THE AGREEMENT FOR ANY REASON, YOU MAY RECIND YOUR ACCEPTANCE BY RETURNING THE AGREEMENT, ALONG WITH A SIGNED WRITTEN STATEMENT OF YOUR DESIRE TO RECIND THE AGREEMENT, TO: ENTERRA INCORPORATED, ATTN: 4508 OAK FAIR BLVD., SUITE 104, TAMPA, FLORIDA 33610. UPON RECISION OF THE AGREEMENT, LICENSEE MUST IMMEDIATELY CEASE DISTRIBUTION OF THE SOFTWARE AND ALL RIGHTS GRANTED UNDER THE AGREEMENT SHALL IMMEDIATELY TERMINATE.
- Definitions. "Enterra Inc" means Enterra Incorporated, 4508 OAK FAIR BLVD., SUITE 104, TAMPA, FLORIDA 33610. "Software" means the most current version(s) of the iUniqable® software made commercially available by Enterra Inc for download at: http://www.iuniqable.com and any updated, revised, or enhanced versions, or upgrades thereof, if any, provided to Licensee by Enterra Inc during the term. "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation that accompanies the Software.
- Grant of Rights, Restrictions, New Versions, Modifications, Transfer.
- License. Subject to the terms of this Agreement, Enterra grants Licensee a non-exclusive, non-transferable, worldwide, royalty-free license to reproduce and distribute the Software.
- Distribution. Subject to the restrictions and requirements set forth below, Licensee may reproduce and distribute the Software solely as bundled with other software or content, through electronic means (including, without limitation, electronic software download), as bundled with other software or content, on tangible media, or on a standalone basis solely on tangible media.
- Restrictions.
iUniqable Licensee may not bundle or integrate the Software with any:
(i) other software, plug-in or enhancement that uses or relies upon the Software when converting or transforming files into files of other formats, (ii) plug-in software not developed in accordance with the Enterra Inc Service Agreement. Licensee may not sell or otherwise directly receive compensation for the Software.
Licensee must use the Software and the corresponding installers provided by Enterra Inc and may not, without express written permission from Enterra Inc, modify or alter the manner in which the Software files install. Notwithstanding the foregoing, Licensee may repackage the Software installer to the extent necessary to distribute the Software through internal systems management and configuration management software.
Licensee may not make the Software available as a stand-alone product on the Internet; or use the Software via a server or network storage device by which one instance of the Software is replicated to more than one user over the Internet, including without limitation through Citrix and Citrix-type environments.
Licensee may direct end users to obtain the Software through electronic download on a standalone basis by linking to www.iuniqable.com. Permission to use Enterra Inc logo web-buttons may be obtained at http://www.enterra-inc.com Any software distributed with the Software and any web site containing a link to an Enterra Inc web site must not contain any (a) Enterra inc logos, product signatures, or trademarks in stylized form unless under separate prior written license (except as permitted under Section 3 below), (b) materials that are illegal, pornographic, defamatory, infringing, threatening, invasive of another's privacy, or racially, ethnically or otherwise objectionable, or (c) viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. - Sublicensing Requirements. Licensee will distribute, and will ensure that its distributors and resellers distribute, the Software under the Enterra Inc end user license agreement accompanying the Software or, if no such license accompanies the Software, Licensee's end user license agreement containing the following minimum terms in favor of Licensee and its suppliers: (a) prohibition against distribution and copying, (b) prohibition against modifications and derivative works, (c) prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing the software to a human-perceivable form, (d) provision indicating ownership of software by Licensee and its suppliers, (e) disclaimer of all applicable statutory warranties, to the full extent allowed by law, and (f) industry standard limitation of liability, including a disclaimer of indirect, special, incidental, punitive, and consequential damages. Licensee will not grant any rights in the Software under a license that (g) allows modification of the Software, (h) requires the disclosure or distribution of the Software in source code form, or (i) allows the distribution of the Software for a fee. Licensee shall not make any warranty, express or implied, on behalf of Enterra Inc.
- Transfer. Licensee may not rent, lease, sublicense, assign or transfer its rights under this Agreement, or authorize all or any portion of the Software to be copied except as may be expressly permitted herein.
- Trademark License Grant. Enterra Inc hereby grants to Licensee, and Licensee accepts, a worldwide, non-exclusive, non-transferable, personal right to use and distribute, under the terms of this Agreement. Licensee may use the Trademarks solely in conjunction with the permitted forms of distribution of the Software. Use of the Trademarks does not give Licensee any right, title or interest in the Trademarks, other than the license rights granted herein. Licensee may not assign, transfer or sublicense any trademark right granted herein without the prior written consent of Enterra Inc. Licensee agrees not to use the Trademarks in any way that will disparage Enterra or its products, injure Enterra's reputation for high quality or otherwise diminish or damage Enterra's goodwill in the Trademarks or infringe Enterra's intellectual property. Licensee acknowledges the validity of the Trademarks and Enterra's sole ownership of the Trademarks, and that Enterra Inc retains all right, title and interest in and to the Trademarks. Licensee recognizes the value of the goodwill associated with the Trademarks, and acknowledges that such goodwill inures exclusively to the benefit of and belongs to Enterra Inc. Licensee shall employ best efforts to use the Trademarks in a manner that does not derogate from Enterra Inc's rights in the Trademarks and will take no action that will interfere with or diminish Enterra Inc's rights in the Trademarks. Licensee may not use the Trademarks in any way as an endorsement or sponsorship by Enterra Inc of any product or service. Licensee agrees not to adopt or use a trademark, service mark, or any other designation confusingly similar to the Trademarks. Further, Licensee agrees to use the Trademarks only in connection with products that: (a) meet or exceed all applicable U.S. and foreign labeling and packaging laws and regulations, (b) are advertised in compliance with all applicable U.S. and foreign fair advertising laws and regulations, (c) comply with all other applicable U.S. and foreign laws and regulations, (d) support Enterra Inc products if so indicated on packaging and/or advertising materials for Licensee's products, (e) are of a quality and reputation consistent with the high quality of Enterra Inc products and services, and (f) are advertised in a manner consistent with industry standards. Upon reasonable request from Enterra Inc, Licensee will notify Enterra Inc of the locations of your use of the Trademarks and furnish Enterra Inc with suitable specimens of such use. If Enterra Inc so requests, Licensee agrees to submit to Enterra Inc any uses of the Trademarks for Enterra Inc's approval prior to the dissemination of these materials, such approval not to be unreasonably withheld. Licensee agrees to undertake such steps as Enterra Inc may reasonably request to assist in monitoring and maintaining the quality and form of use of the Trademarks. Enterra Inc may review Licensee's use of the Trademarks at any time to evaluate its compliance with the quality standards described in this Agreement. If at any time Enterra Inc determines that Licensee is not maintaining adequate quality standards, Licensee shall be considered in breach of this Agreement. Licensee must immediately remedy any material deficiencies in its use of the Trademarks upon reasonable notice from Enterra Inc. Enterra Inc makes no warranties of any kind, either express or implied, with respect to the Trademarks. Enterra Inc will not be liable to Licensee for any consequential, incidental, or special damages (including loss of business profits) arising from or related to Licensee's use of the Trademarks, even if Enterra Inc has been advised of the possibility of such damages. If Enterra Inc provides Licensee with a substitute Trademark(s), Licensee shall bear all liability for continued use of the previous Trademark(s).
- Indemnification. Licensee agrees to indemnify, hold harmless and defend Enterra Inc from and against any claims, lawsuits, damages, expenses and costs, including attorneys' fees, that arise or result from Licensee's reproduction and/or distribution of the Software, or Licensee's use and/or distribution of the Trademark(s), provided, however, that Licensee's indemnification obligation will not apply to claims or lawsuits arising out of a claim that either the Software, by itself or in combination with software or hardware not provided by Licensee, or the Trademark(s), infringes any third party patent, copyright, trademark or other intellectual property right. The foregoing exception will not apply to claims arising out of the combination of the Software or Trademark(s) with other software provided by Licensee. Enterra Inc will give Licensee prompt written notice of any claim or lawsuit to which Licensee's indemnification obligation applies and cooperate with Licensee, at Licensee's expense, in defending or settling such claim or lawsuit.
- Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that Licensee makes are the intellectual property of and are owned by Enterra Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Enterra Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by Enterra and its suppliers.
- Technical Support. Enterra Inc shall not be obligated to provide any support to Licensee, its distributors, or end-users. For information on technical support for iUniqable contact us .
- Copies of Product to Enterra Inc. Unless the Software is distributed via an Intranet, at Enterra's Inc request Licensee will provide Enterra Inc two (2) copies of Licensee Product or one (1) membership to Licensee Service free of charge within seventy-two (72) hours of Enterra's Inc request. This will facilitate resolving potential quality assurance issues with Licensee's incorporation of Software. In the event Licensee Product contains Licensee confidential information, Enterra will cooperate with entering into a confidentiality agreement with Licensee.
- Export Rules. Licensee agrees, and will ensure that its distributors and resellers agree, that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that Licensee is not otherwise prohibited under the Export Laws from distributing the Software. All rights granted under this Agreement are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.
- Term. The term of this Agreement will be for one (1) year from the Effective Date unless terminated earlier pursuant. Enterra Inc has the right to terminate this Agreement (a) without cause upon ninety (90) days written notice, or (b) immediately if Licensee fails to comply with any term of this Agreement. Upon any such termination, Licensee must cease all reproduction and distribution of the Software, any use of the Trademarks, and, upon request from Enterra inc, destroy all copies of the Software in Licensee's possession along with certification of such destruction. However, except in the case of a breach of Section 2 or 5, Licensee will have a reasonable period of time, not to exceed 90 days, to sell copies of the Licensee Product then in its inventory and to use the then-current version of the Software to the extent necessary for Licensee to support its end users.
- General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Enterra Inc. Updates may be licensed to Licensee by Enterra Inc with additional or different terms. This is the entire agreement between Enterra Inc and Licensee relating to reproduction and distribution of the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
- Audit Right. Licensee agrees that upon request from Enterra Inc Licensee will within thirty (30) days fully document and certify that Licensee is in conformity with the terms and conditions of this Agreement. During the term of this Agreement, Licensee will use commercially reasonable efforts to maintain a complete, clear, and accurate record of the number of copies of the Software it distributes during each calendar quarter in a manner sufficient to allow Enterra inc to verify compliance with the terms and conditions of this Agreement. Enterra Inc shall have the right to inspect and audit all Licensee relevant books and records relating to the reproduction and distribution of the Software. Information obtained in connection with the audit will only be used to enforce Enterra's Inc rights and determine whether Licensee is in compliance with the terms and conditions of this Agreement. Any such audit shall be conducted upon not less than seven (7) days' notice at Licensee's offices during regular business hours and in such a manner as not to unreasonably interfere with Licensee's normal business activities.