TABULUS® Not-For-Resale License Agreement
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE PROVIDED
IN THIS PACKAGE (THE "SOFTWARE" OR TABULUS®) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, THAT YOU UNDERSTAND IT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY,
ACCESS OR OTHERWISE USE THE SOFTWARE. YOU ARE SOMETIMES REFERRED TO AS THE "LICENSEE"
IN THIS AGREEMENT.
1. License Grant and Restrictions
1.1 General License Grant
Diehl Technology LLC grants you a non-exclusive license to use the software according
to the applicable terms set forth below. The software is owned by Diehl Technology
LLC and its suppliers, and is protected by United States and International laws
and treaties. You may not copy the software, except as provided in this agreement.
Any copies that you are permitted to make pursuant to this agreement are subject
to this agreement and must contain the same copyright and other proprietary notices
that appear on or in the software. Clauses in this agreement that are deemed to
violate any applicable law are void, but all other clauses remain in effect.
1.2 License Agreement
The serial number issued with TABULUS® indicates certain terms of the license that
has been granted by Diehl Technology LLC.
(a) The computers on which you install the software must be able to communicate
with Diehl Technology LLC’s server to authorize each installation if required, and
for accessing certain features of the program (you are responsible for establishing
this communication link).
(b) You may operate this software on one (but not more than one) computer at a time.
This copy of the software may only be used by one individual end user (the "Principal
(c) You may install the software on two computers: (1) a primary desktop workstation
and (2) either a portable computer or a computer located at the home of the Principal
1.3 Terms Common to all Licenses
The Licensee may:
(a) Make one backup copy of the software, provided that the backup copies are not
installed or used except as necessary to restore a single copy of the software following
(b) Modify templates provided with this software.
The Licensee may not:
(a) Make this software available to any person or entity other than employees who
may use the software only as specified in the applicable license terms above.
(b) Modify the software, incorporate the software into any other program, or merge
the software with any other program.
(c) Reverse engineer, decompile, disassemble, otherwise attempt to discover the
source code of the software, or attempt to de-integrate any third party components
that are integrated into the software except to the extent you are expressly permitted
to decompile under applicable law, it is essential to do so in order to achieve
operability of the software with another program, and you have first requested Diehl
Technology LLC to provide the information necessary to achieve such operability
and Diehl Technology LLC has not made such information available (Diehl Technology
LLC reserves the right to impose reasonable conditions and to request a reasonable
fee before providing such information).
(d) Sub-license, sell, lend, rent, transfer, assign, or lease any portion of the
software (including any former version of the software) or the license granted under
If the licensee of the software is not a natural person, but is instead a corporation,
limited liability company, partnership or other legal entity:
(a) The licensee may permit its employees to use the software, subject to the applicable
license terms above (including, without limitation, limitations on the number and
location of end users who may use the software).
(b) The licensee shall be responsible for ensuring that all of its employees comply
with the terms and conditions of this agreement.
(c) Upon the termination of any employee's employment with the licensee, the licensee
shall ensure that the employee returns to the licensee all copies of the software
in his/her possession and uninstalls the software from all of his/her personal computers.
2. Term and Termination
The terms and conditions of this agreement shall remain in effect for as long as
you (and your permitted assigns) possess the software. The license granted under
this agreement and your right to use the software will terminate automatically if
you violate any part of this agreement. In the event of such termination, all copies
of the software must be destroyed or immediately returned to Diehl Technology LLC,
at Diehl Technology LLC option.
3. Ownership of the Software
This software is valuable proprietary property owned by Diehl Technology LLC and
its suppliers and licensors. You are only receiving a license to the software under
this agreement; you are not receiving any title to, or ownership of, this software
or any of the proprietary rights related to the software. You shall not violate
these rights, and you must take appropriate steps to protect the rights of Diehl
Technology LLC and its suppliers and licensors. Diehl Technology LLC may at any
time replace, modify, alter, improve, enhance, or change the software. Diehl Technology
LLC licensors are expressly made third party beneficiaries of this agreement, with
the right to directly enforce the terms and conditions hereof against you with respect
to the applicable component(s) of the software they have licensed to Diehl Technology
This license agreement is governed by and construed in accordance with the laws
of the State of Maryland, USA, but the Maryland Uniform Computer Information Transactions
Act does not apply to this agreement. Any disputes arising under this agreement
shall be subject to the exclusive jurisdiction of the state and federal courts sitting
in Baltimore, Maryland, USA. This agreement constitutes the entire agreement, and
supersedes any prior agreement, between you and Diehl Technology LLC. In case of
differences between the license agreement in the manual provided with the software
and the license agreement in the software, the license agreement in the software
applies. Any translation of this license agreement is done for local requirements
and in the event of a dispute between the English and any non-English versions,
the English version of this license agreement shall govern.
5. Warranties and Disclaimer of Warranty
5.1 No Warranty
To the maximum extent permitted by law, the software is provided "as is" without
any warranty of any kind, either express or implied, including, without limitation,
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement (and Diehl Technology LLC disclaims all such warranties). Diehl
Technology LLC does not warrant that use of the software will be error-free or that
use of the software will meet the licensee's needs. You confirm that (a) you have
the requisite expertise to evaluate, and have in fact evaluated, the suitability
of the software for your purposes; and (b) you have relied upon your own skill and
judgment in selecting the software.
5.2 Limitation of Liability
IN NO EVENT WILL DIEHL TECHNOLOGY LLC’S AGGREGATE LIABILITY WITH RESPECT TO ALL
CLAIMS ARISING FROM OR RELATED TO THE SOFTWARE, IN CONTRACT, TORT OR OTHERWISE EXCEED
THE CONSIDERATION PAID BY THE LICENSEE TO DIEHL TECHNOLOGY LLC UNDER THIS AGREEMENT.
IN NO EVENT WILL DIEHL TECHNOLOGY LLC BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF GOODWILL OR BUSINESS
PROFITS, EVEN IF DIEHL TECHNOLOGY LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
YOU ARE SOLELY RESPONSIBLE FOR ALL WORK PRODUCTS CREATED USING THE SOFTWARE.
6. Compliance with Laws and Export Rules
You agree that you will not ship, transfer or export the software into any country,
or use the software in any manner, in violation of any applicable laws, regulations
or treaties, including the United States Export Administration Act. In particular,
but without limitation, the software may not be exported or re-exported (a) into
(or to a national or resident of) any U.S. embargoed countries (such as Cuba, Iran,
Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person's List or Entity List. By using the software, you represent and warrant
that you are not located in, under control of, or a national or resident of any
such country or on any such list.