End User License Agreement

 

PPM® Visual Documents – Word Add-in End User License Agreement (EULA)
End User License Agreement (EULA) – Desertfire Online’s Process Picture Map™ (PPM®) software

LEGAL INFORMATION COPYRIGHT NOTICE:
Software and accompanying printed materials are copyright © Desertfire Online Pty Ltd.

This license covers all versions of Desertfire Online’s Process Picture Map™ PPM®software. If you download our software, you accept this license. If you do not accept the license, do not download the software.

DEFINITIONS:
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law. The “software” is the original software, or any additions or changes to the software. A “distributor” is any person that distributes the software under this license. “Licensed patents” and ‘Patents Pending’ are the contributor’s patent claims that read directly on its contribution.

TRADEMARKS:
Desertfire Online’s ‘Trademarks’ include ‘Talsico®’, ‘PPM®’, ‘Process Picture Maps®’, ‘PPM+™, Desertfire Online™, Talsico logo®, Desertfire Online logo™, GoalOriented Learning™, GOL™, all of which are either registered trademarks, trademarks under application in the US and/or other countries. Desertfire Online has produced this publication and is responsible for the contents hereof. Microsoft®, Word®, Windows®, are trademarks of Microsoft Corporation.

Desertfire Online License

Desertfire Online licenses the downloaded or enclosed software to you only upon the condition that you accept all of the terms contained in this license agreement. If you do not accept all of the terms in this license agreement, do not download, install, copy or use the software. If you have already downloaded or installed the software and you do not agree with any of these terms or conditions, delete or uninstall any and all versions of the software and any documents (paper or electronic) that you have created with it from your computer and your company’s computer system. The software that accompanies this license (the ‘software’) is the property of Desertfire Online Pty Ltd and is protected by copyright and patent law. The software, its structure, organization and code are the valuable trade secrets of Desertfire Online. The software is protected by US copyright and Patent Law and International Treaty Provisions. User agrees not to copy, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software or to recreate it. User may use their own trademarks in the printed and/or electronic output produced by the software, in accordance with accepted trademark practices, including identification of the trademark owner’s name. Such use of a trademark does not give the User any rights of ownership of the software, trade secrets or intellectual property of Desertfire Online Pty Ltd. Nor does the use of the User’s trademark provide the User with ownership or right of retention to any document created in breach of the terms of this license agreement. Desertfire Online reserve the right to retain certain information about software licensees (name, title, company name, address, email and telephone number). This information is required for technical and legal reasons. Please read our Privacy Policy for more information.

Any document created in breach of this license agreement must be immediately destroyed and copies, electronic or otherwise, of a document created during a breach of this license agreement, must also be destroyed. User is required to retain all Desertfire Online trademarks and the software intellectual property ownership statement at the bottom of each print and electronic document produced with Desertfire Online’s software. PPM software is licensed on an annual basis. The annual license fee must be paid in advance to maintain a valid license. A valid license is required to use all or part of our software. While Desertfire Online continues to own the software, you will have certain rights to use the software after your acceptance of this license. Except as modified by a license addendum that accompanies this license, your rights and obligations with respect to the use of this software are as follows:

YOU MAY NOT

1. Make more copies of the documentation which accompanies the software than you have licensed users of the software;
2. Sublicense, rent, lease, sell, or loan, the software to any other person or entity;
3. Reverse engineer, recompile, disassemble, modify, translate, make any attempt to discover the source code of the software;

SINGLE USER LICENSE:
YOU MAY:

1. Access a licensed copy of the software for use with a desktop version of Word 365 (business edition) and/or Word 2019 or 2016 (full version).
2. The software is licensed to an individual person, i.e. named licensee, and may not be loaned, or otherwise used by individuals other than the named licensee.

MULTI-USER LICENSE:
YOU MAY:

1. Access a licensed copy of the software on each licensed user’s computer up to the number of licenses purchased under your multi-user license. The software is for use with the desktop version of Word 365 (business edition) and/or Word 2019 or 2016 (full version).

ACCESS:
You can gain access by centralized deployment, or by adding the add-in from the Microsoft Store (when available). Adding an add-in from the Microsoft Store is available to anyone. Access to the add-in is only granted if you have a valid user license.

DETERMINE IF CENTRALIZED DEPLOYMENT OF ADD-INS WORKS FOR YOUR ORGANIZATION
Centralized deployment of add-ins requires that the users are using Microsoft 365 Enterprise SKUs: E3/E5/F3 or Business SKUs: Business Basic, Business Standard, Business Premium (and are signed into Office using their organizational ID), and have Exchange Online and active Exchange Online mailboxes. Your subscription directory must either be in or federated to Azure Active Directory. You can view specific requirements for Office and Exchange below, or use the Centralized Deployment Compatibility Checker.

WARRANTIES:
Desertfire Online warrants that the media on which the software is distributed will be free from defects for a period of thirty days from the date of delivery of the software to you. Your sole remedy in the event of a breach of this warranty will be that Desertfire Online will at its option, replace any defective media returned to Desertfire Online within the warranty period or refund the purchase price. Desertfire Online does not warrant that the software will meet your requirements or that the operation of the software will be uninterrupted, or that the software will be error or bug-free.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-‐infringement. This warranty gives you specific legal rights. You may have other legal rights, which may vary from country to country, state to state.

DISCLAIMER OF DAMAGE:
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Desertfire Online be liable to you or any person(s) or any entity for any special consequential, indirect or similar damages, including lost profits or lost data arising out of the use or inability to use the software, even if Desertfire Online has been advised of the possibility of damages. Some states do not allow the limitation of exclusion of liability for incidental or consequential damages so the above limitation may or may not apply to you. In no case shall Desertfire Online’s liability exceed the purchase price of the software. The disclaimers and liability limitations set forth will apply regardless of whether you accept the software.

US GOVERNMENT RESTRICTED RIGHTS:
All Desertfire Online products and documentation are commercial in nature. The software and software documentation are ‘commercial items’ as that term is defined in 48 C.F.R. 2.101, consisting of ‘commercial computer software’ and ‘commercial computer software documentation’ as such terms are defined in 48 C.F.R.252.227–‐7014(a)(5)and 48 C.F.R.252.227–‐7014(a)(1), and used in 48 C.F.R. 12.211 and 48 C.F.R.227–‐7202 as applicable. Consistent with 48C.F.R.12.212,48C.F.R.252.227–‐7015,48C.F.R.227–‐7202–‐4,48C.F.R.52.227–‐14, and do the relevant sections of the Code of Federal Regulations as applicable. Desertfire Online’s computer software and computer software documentation are licensed to the United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is Desertfire Online Pty Ltd, 79b Walters Road, Upper Orara, NSW, 2450, Australia.

GENERAL:
The laws of the State of New South Wales, Australia, will govern this license agreement. This agreement may only be modified by a license addendum, which accompanies the license, or by a written document, which has been signed, by both the licensee and Desertfire Online. Should you have any questions regarding this agreement you should direct your enquires to DesertfireOnline,79b Walters Road, Upper Orara, NSW 2450, Australia, or email: info@desertfire.com.au

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