EULA
42
3.
Responsibility for Use of Software. User is responsible and liable for all uses of the
Software and documentation through access thereto provided by ECHOFLEX, directly or
indirectly. Specifically, and without limiting the generality of the foregoing, User is
responsible and liable for all actions and failures to take required actions with respect to
the Software and documentation by its authorized users or by any other person to whom
User may provide access to or use of the Software, whether such access or use is
permitted by or in violation of this Agreement.
4.
Third-Party Software. The Software may include software, content, data or other
materials, including related documentation, that are owned by third parties other than
ECHOFLEX and that are provided to ECHOFLEX on license terms that are in addition to or
different from those contained in this Agreement (“Third-Party Licenses”). A list of all
materials, if any, included in the Software and provided under Third-Party Licenses is set
forth on Schedule A to this Agreement, and the applicable Third-Party Licenses are
accessible via links therefrom. User is bound by and shall comply with all Third-Party
Licenses. Any breach by User or any of its authorized users of any Third-Party License is
also a breach of this Agreement.
5.
Software Support; Functionality. All questions and requests relating to Software Support
must be directed to ECHOFLEX. ECHOFLEX may change or remove functionality and other
features of the Software at any time, without notice. Support Services will include the
provision of updates, bug fixes, patches and other error corrections (collectively,
“Updates”) as ECHOFLEX makes generally available free of charge to all licensees of the
Software. ECHOFLEX may develop and provide Updates in its sole discretion, and User
agrees that ECHOFLEX has no obligation to develop any Updates at all or for particular
issues. User further agrees that all Updates will be deemed Software, and related
documentation will be deemed documentation, all subject to all terms and conditions of
this Agreement. User acknowledges that ECHOFLEX may provide some or all Updates via
download from a website designated by ECHOFLEX and that User’s receipt thereof will
require an internet connection, which connection is User’s sole responsibility. ECHOFLEX
has no obligation to provide Updates via any other media. Support Services do not include
any new version or new release of the Software that ECHOFLEX may issue as a separate
or new product (“Upgrades”), and ECHOFLEX may determine whether any issuance
qualifies as an Upgrade or Update in its sole discretion. ECHOFLEX has no obligation to
provide Support Services, including Updates (i) for any but the most current version or
release of the Software, or (ii) for any copy of Software for which all previously issued
Updates have not been installed, or (iii) for any Software that has been modified other
than by or with the authorization of ECHOFLEX, or that is being used with any hardware,
software, or configuration not specified in the documentation or expressly authorized by
ECHOFLEX in writing.
6.
Upgrades. ECHOFLEX intends to provide, but does not guarantee, Updates or Upgrades
of the Software. If the Software is an Upgrade from a previous version of the Software,
then it is provided to User on a license exchange basis. User agrees by installing and using
the upgraded version of the Software to voluntarily terminate all use of the previous
version of the Software. For each Upgrade, User will be prompted to accept a new terms
and conditions relating to User’s use of the upgraded Software. User agrees any earlier
agreement governing the use of the previous version of the Software is hereby void and
replaced in its entirety by this Agreement.
7.
Feedback. User may provide suggestions, comments or other feedback (collectively,
“Feedback”) regarding ECHOFLEX’s products and services, including the Device and
Software. Feedback is voluntary. ECHOFLEX may use Feedback for any purpose without
obligation of any kind. To the extent a license is required under User’s intellectual
property rights to make use of the Feedback, User hereby grants to ECHOFLEX an
irrevocable, world-wide, non-exclusive, perpetual, fully-paid-up, royalty-free license to
use the Feedback in connection with ECHOFLEX’s business, including the enhancement of
the Software and the provision of products and services to its customers.
