Licensing Info

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and EMCO for the EMCO software that accompanies this EULA, which includes computer software and may include electronic documentation ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

The Software is owned by EMCO and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. GRANT OF LICENSE. EMCO grants you a non-exclusive, non-transferable license to use the Software within your organization, in accordance with the license type and the number of copies specified at the time of purchase, and the Purchase Terms.
   1. Installation and Use. You may install and use the Software on the number of computers or copies specified for your license at the time of purchase (for example, Single Copy or Unlimited Copies). The Software may be used only by employees of the licensed organization, except as permitted for IT service providers in the Purchase Terms. If the anticipated number of users of the Software can exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the Software does not exceed the number of licenses you have obtained.
   2. Upgrades and Support. If you obtained the Software as an upgrade from a prior version of an EMCO product that you were properly licensed to use, EMCO grants you the right to use either the current or prior version of the Software, and any prior version license is replaced by this EULA. Versions of the Software provided to you during an active subscription are licensed under this EULA. EMCO or EMCO's authorized software vendor may provide you with technical support services relating to the Software according to EMCO's support policies, which are described in the Purchase Terms, in the online documentation and/or in other materials provided by EMCO or posted on EMCO's web site ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to EMCO as part of the Support Services, EMCO may use such information for its business purposes, including for product support and development. EMCO will not utilize such technical information in a form that personally identifies you.
   3. Transfer and Other Restrictions. The license is issued to a specific organization and may not be transferred, rented, leased, or sublicensed to another organization. Your license key and order confirmation are your proof of license and should be retained by you. You may not reverse engineer, decompile, disassemble or otherwise translate the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. If the Software is provided with an evaluation, trial or "Not For Resale" ("NFR") license, this license only permits use for demonstration, test, or evaluation purposes.
2. LICENSE TYPES AND TERM. The Software may be licensed with a perpetual license or a subscription, as specified at the time of purchase. The Purchase Terms describe the license types, upgrades, renewals, and support in detail and form part of this EULA.
   1. Perpetual License. A perpetual license is valid for the purchased major version of the Software and does not expire.
   2. Subscription. A subscription license is valid for the subscription period and entitles you to use the versions of the Software released during that period. When the subscription period ends, your right to use the licensed functionality of the Software ends until you obtain a new license. If a free edition of the Software is available, you may continue using it under the terms of its End-User License Agreement.
3. COPYRIGHT. The Software is licensed, not sold. All right, title and interest in the Software (including any images, "applets", photographs, animations, video, audio, music, and text incorporated into the Software), accompanying documentation, and any copies you are permitted to make herein, are owned by EMCO or its suppliers, and the Software is protected by Icelandic copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that you may make a reasonable number of copies of the Software solely for backup or archival purposes. Such copies shall include EMCO's copyright and other proprietary notices.
4. TERMINATION. This EULA will immediately and automatically terminate without notice if you fail to comply with any term or condition of this EULA. You agree upon termination to promptly destroy the Software together with all of its component parts, prior and replacement versions, and all copies, modifications and merged portions thereof in any form. Expiration of a subscription period is not a termination under this section.
5. LIMITED WARRANTY.
   1. Limited Warranty. EMCO warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of thirty (30) days from the date of original purchase. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to such thirty (30) day period. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
   2. Customer Remedies. EMCO's and its suppliers' entire liability and your exclusive remedy shall be, at EMCO's option, either (a) return of the purchase price paid for the license, if any or (b) repair or replacement of the Software that does not meet EMCO's limited warranty, upon request with proof of purchase. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any repaired or replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by EMCO are available without proof of purchase from EMCO or an authorized EMCO reseller.
   3. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND EMCO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
   4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMCO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EMCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EMCO'S CUMULATIVE AND ENTIRE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS EULA SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THIS LICENSE OR, FOR A SUBSCRIPTION, THE AMOUNT PAID FOR THE CURRENT SUBSCRIPTION PERIOD. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. GENERAL. These terms and conditions may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of EMCO. These terms and conditions shall be construed and enforced in accordance with the laws of Iceland. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be governed only by the law and procedures of Iceland in the City Court of Reykjavik (Herasdomur Reykjavikur). Should any term of these terms and conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These terms and conditions are in the English language, and only the English language version hereof, regardless of the existence of other language translations of these terms and conditions, shall be controlling in all respects. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. EMCO reserves the right at any time without liability or prior notice to change the features or characteristics of this Software, or its documentation and related materials, or future versions thereof. These terms and conditions, together with the Purchase Terms, constitute the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of these terms and conditions.

Should you have any questions concerning these terms and conditions, or if you desire to contact EMCO for any reason, please e-mail to: or visit EMCO on the Web at https://emcosoftware.com.