End-User License Agreement (EULA) for Prism Software Corporation (Version 1-2022)

GRANT OF LICENSE

This Prism License Agreement ("License") permits you the non-exclusive perpetual right to use one copy of the specified version of the Prism product, which may include user documentation provided in online or electronic form (“Software”). The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer or by more than one user at any time. If you have multiple Licenses for the Software, you may have as many copies of the Software in use as you have Licenses. The Software is in use on a computer when it is loaded into the temporary memory (RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. Prism retains title and ownership of the Software.

UPGRADES

If the Software is an upgrade, you may use or transfer the Software only in conjunction with the upgraded product. You now may use that upgraded product only in accordance with this License.  

COPYRIGHT

The Software is owned by Prism or its suppliers and is protected by United States copyright laws and International treaty provisions. Therefore, you must treat the Software like any other copyrighted material. 

OTHER RESTRICTIONS

This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software but may transfer your rights under this License on a permanent basis with Prism’s written permission, provided you transfer this License, the Software and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this License. You may not modify, reverse engineer, decompile, or disassemble the Software. If you do not agree to the terms of this Agreement it does not provide you a right to return the software for, or entitle you to, any type of partial or full refund or reimbursement by Prism or any of its resellers, distributors, contractors, or agents. However, you may have specific consumer rights and protections provided to you, by either your country’s laws or economic region’s laws, with regards to this License and Software, including the right to return this Software for a refund. Please refer to any such then-current regulations to determine which rights and protections would be applicable to you.

LIMITED WARRANTY

In addition to any rights of the End User under such an agreement for maintenance for the Software, Prism warrants that the Software will perform substantially in accordance with the accompanying printed materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. 

CUSTOMER REMEDIES

Prism’s entire liability and your exclusive remedy shall be, at Prism's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Prism's Limited Warranty and that is returned to Prism after receiving a return merchandise authorization. This Limited Warranty is void if failure of the Software results from it having been altered in any way, if the media (if Software has been provided to Customer on a media device) has been damaged by misuse, accident, abuse, modification or misapplication, of if the failure arises out of use of Software with other than a recommended hardware or software configuration. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES

To the maximum extent permitted by applicable law, Prism disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the Software and the accompanying written materials. 

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Prism or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Prism product, even if Prism has been advised of the possibility of such damages.  

THIRD-PARTY HARDWARE & SOFTWARE

Prism accepts no liability or responsibility with regard to any other hardware or software that is not owned by Prism, and which is not authorized by your purchase agreement or this License Agreement. This release of liability by Prism extends to the purchase, installation, implementation, integration, operation and all other factors regarding third-party hardware and software that may integrate with Prism’s products. 

INFORMATION COLLECTION AND USE

Licensee acknowledges that Prism may directly or indirectly collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used. Licensee agrees that Prism may use such information for the purposes of: (a) Improving the performance of the Software, diagnosing or correcting errors or developing updates; (b) disclose such information in aggregate or other anonymous, de-identified form in connection with its business; and, (c) verifying Licensee’s compliance with the terms of this Agreement and enforcing Prism’s rights including all Intellectual Property Rights in and to the Software. 

EXPORT REGULATION

The Software and its documentation may be subject to United States (“US”) export control laws, including the US Export Administration Act and its associated regulations. The Licensee shall not, directly or indirectly, export, re-export or release the Software or it documentation to, or make the Software or its documentation accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. The Licensee shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software or its documentation available outside the US.

SEVERABILITY

If a court or other lawful authority of competent jurisdiction declares any provision of this Agreement to be invalid, illegal or unenforceable, this Agreement will continue in full force and effect with respect to all other provisions and all rights and remedies accrued under such other provisions will survive any such declaration. If this Agreement as it relates to the products under this Agreement shall be held by a court of competent jurisdiction or other lawful authority to be invalid, illegal, or unenforceable as to particular product(s), or if this Agreement is terminated as to particular product(s), this Agreement shall remain in full force and effect as to the remaining product(s).

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Commercial Computer Software -Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Prism Software Corporation, 184 Technology Drive, Suite 201, Irvine, California, USA, 92618. This Agreement is governed by the laws of the State of California.

LANGUAGE

This Agreement is written in the English language. To the extent that any translated version of this Agreement conflicts with this English version, this English version shall prevail and control.

CONTACT US

Contact info: support@prismsoftware.com; sales@prismsoftware.com; and www.prismsoftware.com .