END-USER SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
1. Definitions
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means Calvary Tabernacle Trust, with its main address located a t#8, KALAIGNER STREET, VALASARAVAKKAM, CHENNAI, TAMIL NADU, POSTAL CODE:600087, INDIA.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or downloaded installer or other media with which this Agreement is provided, including but not limited to (i) Calvary Tabernacle Trust or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (iii) related explanatory written materials or files (“Documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Calvary Tabernacle Trust (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You or Your Church, unless otherwise indicated.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Calvary Tabernacle Trust.
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. Software License
If you comply with the terms of this End User License Agreement (the “Agreement”), Calvary Tabernacle Trust grants you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third-party materials included in the Software may be subject to other terms and conditions, which are typically found in a “Read Me” file located near such materials.
2.1 General Use
You may install and use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
2.2 Server Use
You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g., scripts) from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from Calvary Tabernacle Trust; and
2.3 Backup Copy
You may make a backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.
2.4 Home Use
You, as the primary user of the computer on which the Home Edition Software is installed, may also install the Software on any of your home computers or virtual computers like VMs.
2.5 Stock Files
Unless stated otherwise in the “Read-Me” files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libellous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim trademark rights in the Stock Files or derivative works thereof.
2.6 Limitations
To the extent that the Software includes Calvary Tabernacle Sermons Digital Library software, (i) you may customize the installer for such software in accordance with the restrictions found at dsl.calvarytabernacle.in (e.g., installation of additional plug-in and help files); however, you may not otherwise alter or modify the installer program or create a new installer for any of such software, (ii) such software is licensed and distributed by Calvary Tabernacle Trust, and (iii) you are not authorized to use any plug-in or enhancement that permits you to save modifications to a binary file with such software; however, such use is authorized with Calvary Tabernacle Trust, Calvary Tabernacle Sermons Digital Library, and other current and future Calvary Tabernacle Trust products. For information on how to distribute Sermons Digital Library please refer to the sections entitled “How to Distribute Sermons Digital Library” at dsl.calvarytabernacle.in.
3. Intellectual Property Rights
The Software and any copies that you are authorized by Calvary Tabernacle Trust to make are the intellectual property of and are owned by Calvary Tabernacle Trust and its suppliers. The structure, organization and code of the Software are valuable trade secrets and confidential information of Calvary Tabernacle Trust and its suppliers. The Software is protected by copyright, including without limitation by India Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 (“Software License”).
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Calvary Tabernacle Trust to provide the information necessary to achieve such operability and Calvary Tabernacle Trust has not made such information available.
Calvary Tabernacle Trust has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Calvary Tabernacle Trust or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially like the expression of the Software. Requests for information should be directed to the Calvary Tabernacle Trust Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
4. Transfer
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation Calvary Tabernacle may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY
The Software is being delivered to you “AS IS” and Calvary Tabernacle Trust makes no warranty as to its use or performance. CALVARY TABERNACLE TRUST AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CALVARY TABERNACLE 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 THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL CALVARY TABERNACLE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN CALVARY TABERNACLE 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 IN YOUR JURISDICTION. CALVARY TABERNACLE’s AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Calvary Tabernacle’s liability to you in the event of death or personal injury resulting from Calvary Tabernacle’s negligence or for the tort of deceit (fraud). Calvary Tabernacle is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Calvary Tabernacle’s Support Department.
8. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of India.
9. General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the 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 writing signed by an authorized officer of Calvary Tabernacle Trust. Updates may be licensed to you by Calvary Tabernacle Trust with additional or different terms. This is the entire agreement between Calvary Tabernacle Trust and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
10. Compliance with Licenses
If you are an individual or church, you agree that upon request from Calvary Tabernacle Trust or Calvary Tabernacle Trust’s authorized representative, you will within thirty (30) days fully document and certify that use of all Calvary Tabernacle Software at the time of the request is in conformity with your valid licenses from Calvary Tabernacle Trust.
If you have any questions regarding this Agreement or if you wish to request any information from Calvary Tabernacle Trust, please use the address and contact information included with this product to contact the Calvary Tabernacle office serving your jurisdiction.
Calvary Tabernacle, Sermons Digital Library, and CT logo are copyrights of Calvary Tabernacle Trust in India and/or other countries.