IMPORTANT NOTICE: PLEASE READ THIS END-USER
LICENSE AGREEMENT ("EULA") CAREFULLY
BY CLICKING "I AGREE", DOWNLOADING, ACCESSING, INSTALLING, RUNNING OR USING
WINZIP SOFTWARE ("SOFTWARE") AND DOCUMENTATION, YOU AGREE (I) THAT THIS EULA IS A
LEGALLY BINDING AND VALID AGREEMENT, (II) TO ABIDE BY THE TERMS AND CONDITIONS
OF THIS EULA, AND (III) TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND
CONDITIONS OF THIS EULA ARE NOT VIOLATED BY ANY PERSON OR ENTITY UNDER YOUR
CONTROL OR IN YOUR SERVICE. IF YOU ARE USING THE SOFTWARE ON BEHALF OF AN
ORGANIZATION, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS EULA FOR
THAT ORGANIZATION AND PROMISING THAT YOU HAVE THE AUTHORITY TO BIND THAT
ORGANIZATION TO THESE TERMS. IN THAT CASE, "YOU" AND "YOUR" ALSO REFERS TO THAT
ORGANIZATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK "I
AGREE", DOWNLOAD, ACCESS, INSTALL, RUN OR USE THE SOFTWARE. THIS EULA CONTAINS
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES.
THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
This EULA is a legal agreement between You and Beyer Consulting Group LLC, , including any affiliates and
contractors acting on Our behalf (collectively "Us", "We", or "Our") regarding Your use of the Software. Unless
You have a separate written agreement with Us regarding the Software, then Your use of the Software is
governed by this EULA. From time to time We may, in Our sole discretion, update or modify this EULA. The
most recent version of this EULA is located at: beyerconsultinggroup.com/terms-of-use.
PERPETUAL PROVISIONS APPLICABLE TO
RAPID RESULTS SALES PROGRAM
IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE,
ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-
EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF
THE SOFTWARE FOR YOUR (I) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER,
AND/OR (II) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS
("BUSINESS USER"). THE SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS
("ADDRESS"). YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE (1)
COMPUTING DEVICE PER ADDRESS. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND
COMPUTING DEVICE, UNLESS (I) THE ORIGINAL COMPUTING DEVICE FAILS, (II) YOU CONTACT
CUSTOMER SERVICE (CONTACT@BEYERCONSULTINGGROUP.COM) REQUESTING OUR
APPROVAL (AND WE PROVIDE YOU AUTHORIZATION CODE) TO RE-INSTALL THE SOFTWARE
ON A NEW COMPUTING DEVICE, AND (III) YOU CERTIFY TO US THAT YOU HAVE UNINSTALLED
THE SOFTWARE FROM THE FAILED COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF
RAPID RESULTS SALES PROGRAM THAT HAVE MULTIPLE COMPUTING DEVICES (E.G., STAND-
ALONE COMPUTER, LAP-TOP, TABLET AND MINI/PORTABLE PC), MAY DOWNLOAD AND
INSTALL THE SOFTWARE ON UP TO THREE (3) SYSTEMS PER ADDRESS, HOWEVER THE
SOFTWARE CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A TIME (I.E., THE SOFTWARE
MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES). IF
YOU INSTALL THE SOFTWARE ON A FORTH COMPUTING DEVICE OR ON A COMPUTING DEVICE
LOCATED AT A DIFFERENT ADDRESS YOU MUST PURCHASE ADDITIONAL LICENSES FOR SUCH
ADDITIONAL COMPUTING DEVICES. IF YOU HAVE PURCHASED MULTIPLE-USER LICENSES FOR
THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE UP
TO THE NUMBER OF MULTIPLE-USER LICENSES YOU HAVE PURCHASED.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You. You must lawfully
acquire the Software from Us or Our authorized resellers otherwise You don't have a right to use the Software.
You may only purchase and/or download the Software from Our (or Our authorized reseller's) eStore or website
that is located in the country in which You hold legal residency. BUSINESS USERS: If You are a business, and
You purchased the Software from Us or from one of Our authorized resellers, You may install the Software on a
hardware partition, blade, or terminal server ("Virtualization Environment") to run, use or access the Software by
means of Your organization's computing devices directly connected to Your organization's internal network or
Your organization's virtual private network. Use of the Software by Your employees (and Your organization's
subcontractors contractually authorized to act on Your behalf) via such Virtualization Environment is permitted
only up to the maximum number of site licenses purchased by Your organization. For the avoidance of doubt,
You must acquire and dedicate one (1) license for each computing device using, running, or accessing the
Software from Virtualization Environment and for each computing device on which the Software is installed, run,
used or accessed from. You agree that if the Software requires mandatory activation or email validation, You will
complete the process providing Us with accurate information. Your use of the Software is suspended until You
complete the activation and/or registration process. The Software may include digital images, stock
photographs, clip art, fonts, sounds or other artistic works ("Stock Files"). The responsibilities and restrictions
relating to the Software apply to the Stock Files. We reserve all rights not expressly granted to You in this EULA.
BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that
accurately record of the number of copies of the Software that have been acquired, installed and in use on Your
computing devices and will keep the records for two (2) years from the date Your license to use the Software
ends. We may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify
that Your installation of the Software conforms with a valid license from Us or Our authorized resellers. We will
not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid
license, then You will immediately obtain a valid license or true-up Your licenses for the Software.
PROVISIONS APPLICABLE TO BOTH
PERPETUAL LICENSES
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the Software
under this EULA, You have certain responsibilities. The Software may include product activation and other
technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan any
version of the Software (including an Evaluation Version of the Software). If You purchase the Software as a gift
to a third person, the third person must accept the terms of this EULA before using the Software. You may not
reverse engineer, reengineer, decompile, disassemble, translate, reconstruct, transform, or extract the Software or
any portion of the Software. You may not wrap the Software or any Software executable (E.G., .EXE, .MSI, .ISO or
.DMG or similar executable now known or later developed) with any third party software add-on or offer except
pursuant to a separate express, written, fully-executed agreement with Us. While We own Our Software, You own
and are responsible for the content ("Content") that You create, or have created for You, resulting from the use
of Our Software (including any add-ons or plug-ins to Our Software that You create, or have created for You).
You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect
consequences of any of the (i) Content You create and (ii) third party photos or images that You use or modify in
creating Your Content, especially in situations where You share Your Content with family, friends, clients
and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, Twitter, etc.)
or file sharing or cloud services sites (e.g., Google Drive, Sky Drive, Dropbox, box.net, etc.). We can neither
monitor nor control what third party social networking, file sharing, or cloud services sites or the members or
users of such sites do with Your content You share. You are responsible for independently verifying the accuracy
and completeness of Your Content (e.g., any technical illustrations or diagrams for operation guides, parts
catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations
or other materials You create and/or modify using Our Software). You may not modify or create derivative works
based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and
regulations impacting Your use of the Software including data protection and privacy laws. You agree that You
will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a
claim is brought against Us by a third party due to (i) Your actions, (ii) Your failure to act when required, or (iii)
Your content, then You agree to defend, indemnify and hold Us harmless. You may receive updates, bug fixes,
feature enhancements or improvements, or other data relating to the Software (collectively "Updates")
downloaded to Your computing device with a notice describing what is included in the Update and the purpose
of the Update. You will have to choose either to install the Update on Your computing device or opt-out and not
install the Update. If You do not install the Updates the Software may not perform properly.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States and Canadian
Intellectual Property laws and international intellectual property laws and treaty provisions. Therefore, You may
not distribute the Software without Our permission. If You purchase or download the Software in China, India,
Indonesia or Vietnam, You may not copy the Software or printed materials accompanying the Software for any
purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA,
You may only make one (1) copy of the Software (or You may keep one (1) copy of the Software on a single hard
drive) for backup or archival purposes. For backup or archival purposes only, You may either make only one (1)
copy of the Software and the Printed Materials or print one (1) copy of any user documentation if You
downloaded the Software or You may keep one (1) copy the Software and printed materials (or user
documentation) on a single hard drive. Otherwise, You may not copy the Software or the printed materials
accompanying the Software (or print copies of any user documentation if You downloaded the Software). You
agree that Rapid Results Sales Process, the Beyer Consulting Group, LLC logos, and other trademarks, service
marks, and graphics are trademarks of Beyer Consulting Group, LLC, or are trademarks of Our partners
("Marks"). You are not granted a right to use Marks without the owner's permission. You will not remove,
obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree
that We have the right to stop selling, distributing, servicing or updating the Software (any part of it), and
services or offerings at any time.
USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of any of Your data and
Your use of the Software is subject to the Beyer Consulting Group, LLC Privacy Policy
(beyerconsultinggroup.com/privacy-policy). We may audit Your Software usage for anti-piracy purposes, to
verify a valid registration, and identify if new Updates are available for Your computing device prior to sending
You a notice to install a new Software Update, and to assess Your use of the Software. You consent to the
Software sending usage data (e.g., the number of instances the Software is launched, the device IP address,
and/or the version of the Software), for registration, authentication, use and anti-piracy auditing and
enforcement purposes.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received with this EULA is
a pre-commercial release or a beta version, then You understand the Software (i) is the Confidential Information
of Beyer Consluting Group, LLC, its licensors and suppliers, and (ii) does not represent a final product of RAPID
RESULTS SALES PROGRAM. You have no right to (i) modify, enhance, adapt, alter, translate, or create
derivative works of such Software; (ii) merge or wrap the Software with other software; (iii) sublicense, lease, rent,
loan, sell, export, or otherwise transfer or distribute the Software to any third party; (iv) reverse engineer,
decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (v) otherwise use or
copy the Software. The Software may contain bugs, errors and other problems that could cause computer system
failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN
"AS-IS" BASIS AND BEYER CONSULTING GROUP, LLC DISCLAIMS ANY AND ALL WARRANTIES OR
LIABILITY TO YOU OF ANY KIND.
EVALUATION SOFTWARE. In the instance of a fixed term license such as with a trial version, the license to
use the Software begins on installation and shall be for the duration identified by Us in Our invoice or by Our
authorized reseller in its invoice. Subject to the terms and conditions of this EULA, if (i) the Software is
identified as a demonstration, evaluation, trial, "not for sale" ("NFS") or "not for resale" ("NFR") version
("Evaluation Version") in the applicable user documentation, or (ii) You acquired the Software without charge,
Your use of the Software is subject to the following terms: (a) You may make as many exact copies of the Software
as You wish solely for evaluation purposes and for no other purpose using the tangible physical media (e.g.,
compact discs); (b) You may distribute individual exact copies of the Software solely for evaluation purposes and
for no other purpose without charge to You or the recipient. Exact copy means a file that is, for example,
identical to the RAPID RESULTS SALES PROGRAM distribution file available at beyerconsultinggroup.com;
(c) You may not distribute the Software with any other product or wrap the Software or any Software executable
(.EXE, .MSI, .ISO or .DMG or similar executable now known or later developed) with any third party software
add-on or offer; and (d) If You distribute the Software You may do so by electronic download or email, but not
through the use of bulk mail, spam or unsolicited emails. Except pursuant to a separate express, written, fully-
executed agreement with Us, You may not use Our Software for competitive analysis, or commercial,
professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must
either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your
license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the
Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not
limited to, all user documentation that may have been provided as part of the evaluation from Your computing
device and any other computer devices on which You have installed the Evaluation Version.
UNAUTHORIZED USE OF THE EVALUATION VERSION, USE OF THE EVALUATION VERSION
BEFORE OR BEYOND THE APPLICABLE FIXED TERM, OR ANY ATTEMPT TO DEFEAT ANY
TIME-CONTROL DISABLING FUNCTION IN THE EVALUATION VERSION IS AN UNAUTHORIZED
USE CONSTITUTING A MATERIAL BREACH OF THIS EULA AND APPLICABLE LAW AND WILL
AUTOMATICALLY AND IMMEDIATELY TERMINATE YOUR LICENSE TO USE THE SOFTWARE.
LIMITED AND RESTRICTED WARRANTY (FOR COUNTRIES OTHER THAN THOSE LISTED
SEPARATELY UNDER "ADDITIONAL EULA TERMS"). If You purchased the Software on a computer disc,
then Beyer Consulting Group, LLC warrants that the media on which Software is furnished will be free of defects
in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the
Software. The Software when properly installed and under normal use will substantially conform to the features
and functionality as set forth in the documentation accompanying the Software, however, the Software may
contain normal bugs and errors. Therefore, the Software is provided on an "AS IS" basis with the understanding
that bug fixes and Updates will be provided from time to time. This warranty is valid only for the original
purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN BEYER CONSULTING GROUP LLC'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE
REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO
US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to
the disc is a result of accident, abuse or misapplication. Any replacement Software will be warranted for the
remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING,
INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BEYER CONSULTING GROUP, LLC DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This clause shall
not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this EULA under
any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733.
SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS;
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as long as You obtained the
Software from Beyer Consulting Group, LLC, or an authorized reseller, We may remedy substantial defects of the
Software at its reasonable discretion by (i) providing a patch, Update or replacement of the Software, or (ii)
asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price
or a rescission of this EULA only if We have repeatedly failed to remedy the defect after a reasonable period of
time. If You are a consumer, Your claims under this clause are time-barred in twenty-four (24) months; if You are
a business, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any
way without being authorized by Beyer Consulting Group, LLC, We will not remedy defects caused by such
alteration and You are liable for any damages incurred by Beyer Consulting Group, LLC due to Your
unauthorized alteration of the Software. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED
AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test
purposes in testing environments and must not be used for production purposes. To make a warranty claim You
must provide a detailed error description to Beyer Consulting Group, LLC Customer Service
(contact@beyerconsultinggroup.com) or, at Beyer Consulting Group, LLC's request, return the Software along
with any return materials authorization information provided to You by Beyer Consulting Group, LLC.
NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN "OPEN SOURCE"
MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL
PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE,
MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE
LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). BEYER
CONSULTING GROUP, LLC MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT
OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN
THE SOFTWARE.
INDIRECT AND CONSEQUENTIAL DAMAGES (FOR COUNTRIES OTHER THAN THOSE LISTED
SEPARATELY UNDER "ADDITIONAL EULA TERMS"):
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST
OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE
SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
BEYER CONSULTING GROUP, LLC OR ITS SUPPLIERS OR LICENSORS 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 THE SOFTWARE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
BEYER CONSULTING GROUP, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE
OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS
LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH INSTANCES AND AS LONG AS YOU OBTAINED THE SOFTWARE FROM BEYER
CONSULTING GROUP, LLC, OR A BEYER CONSULTING GROUP, LLC AUTHORIZED RESELLER,
BEYER CONSULTING GROUP, LLC MAY BE LIABLE TO YOU (I) WITHOUT LIMITATION FOR
DAMAGES YOU HAVE INCURRED UNDER OR IN CONNECTION WITH THIS EULA ONLY IF THE
DAMAGE HAS BEEN CAUSED BY THE WILLFUL OR GROSSLY NEGLIGENT ACT OF BEYER
CONSULTING GROUP, LLC; AND (II) FOR THOSE TYPICAL DAMAGES THAT WERE REASONABLY
FORESEEABLE AND WHICH HAVE BEEN CAUSED BY ANY OTHER NEGLIGENT BREACH OF AN
ESSENTIAL CONTRACTUAL DUTY BY BEYER CONSULTING GROUP, LLC. ANY FURTHER
LIABILITY OF BEYER CONSULTING GROUP, LLC IS EXCLUDED. THESE AFOREMENTIONED
LIMITATIONS APPLY IRRESPECTIVE OF THEIR LEGAL BASIS, IN PARTICULAR WITH REGARD TO
ANY PRE-CONTRACTUAL OR AUXILIARY CONTRACTUAL CLAIMS. These limitations shall not apply,
however, to any mandatory liability under the applicable product liability laws, nor to any damage which is
caused due to the breach of an express warranty to the extent that such express warranty was intended to
protect consumers against the specific damage incurred, nor to damages due to loss of life, injury or prejudice to
health.
U.S. GOVERNMENT-RESTRICTED RIGHTS. With respect to any acquisition of the Software by or for any
unit or agency of the United States Government (the "Government"), the Software shall be classified as
"commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition
Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR
Supplement (the "DFARS"). The Software was developed entirely at private expense, and no part of the Software
was first produced in the performance of a Government contract. If the Software is supplied for use by DoD, the
Software is delivered subject to the terms of this EULA and either (i) in accordance with DFARS 227.7202-1(a)
and 227.7202-3(a); or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as
applicable. If the Software is supplied for use by a Federal agency other than DoD, the Software is restricted
computer software delivered subject to the terms of this EULA and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii)
FAR 52.227-14 (ALT III), as applicable. The contractor/manufacturer is Corel Corporation, 1600 Carling Avenue,
Ottawa, Ontario, Canada, K1Z 8R7.
EXPORT RESTRICTIONS. If You are located in a country embargoed by the United States, or You are on the
United States Treasury Department's list of Specially Designated Nationals You may not engage in commercial
activities with Us or Our authorized resellers. You may not download, distribute, export, re-export, or
redistribute the Software, including any shareware product (i) into, or to a national or resident of, any country to
which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list
of 'Specially Designated' nationals or the United States Commerce Department's 'Table of Deny Orders'. By
downloading or using the Software, You are representing and warranting that You are not located in, under the
control of, or a national or resident of any such country or on any such list. Except pursuant to a separate
express, written, fully-executed agreement with BEYER CONSULTING GROUP, LLC, You may not purchase a
license to use the Software for the purpose of exporting it to a country other than the original country of sale, nor
may You retain the services of a third party to purchase a license to use the Software if in doing so You will
require such third party to send (via any means, electronic or otherwise) the Software to You in a country other
than the original country of sale.
GENERAL. If You purchased or downloaded the Software in the United States then this EULA is governed by
the laws of the United States and the State of California, without reference to conflict of laws principles. Any
dispute between You and BEYER CONSULTING GROUP, LLC regarding this EULA will be subject to the
exclusive venue of the state and federal courts in the State of California. This EULA specifically excludes the
United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing
such 'Convention', if otherwise applicable. Except as expressly set forth herein to the extent permitted by
applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a
consumer. If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario, Canada; and, any dispute between You and BEYER
CONSULTING GROUP, LLC regarding this EULA will be subject to the exclusive jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If You acquired the Software in the European Union, Iceland,
Norway, or Switzerland, then local law applies. If You acquired the Software in any other country, then local law
may apply. This EULA is the entire agreement between You and BEYER CONSULTING GROUP, LLC and
supersedes any other communications or advertisements with respect to the Software and documentation. The
Software, or any feature or part thereof, may not be available in all languages or in all countries. If BEYER
CONSULTING GROUP, LLC has provided You with a translation of the English language version of this
EULA, You agree that such translation is provided for Your convenience only and that the English language
version, not the translation, of this EULA will be legally binding on You. The English language version of this
EULA and not its translation(s) will govern in the event of a conflict between the English language version and a
translation. The original English version of this EULA can be found at beyerconsultinggroup.com/terms-of-use.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under
applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is
illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be
deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the
intent of the parties. No term or provision in this EULA will be considered waived, and no breach excused,
unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver
(whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent
breach. No modifications or amendments to this EULA will be binding upon BEYER CONSULTING GROUP,
LLC unless made in writing and duly executed by You and an authorized representative of BEYER
CONSULTING GROUP, LLC.
Some Software versions may not be compatible with various computer operating systems and BEYER
CONSULTING GROUP, LLC may not release Updates. The Software may not be compatible with computer
operating systems that You may purchase now or in the future.
You understand that the Software may be incorporated into, and may incorporate itself into, software and other
technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any
and all other third party software or technology that may be distributed together with the Software may be
subject to You explicitly accepting a license agreement with that third party and Your use of that software
constitutes acceptance of such terms. BEYER CONSULTING GROUP, LLC's licensors shall be direct and
intended third party beneficiaries of this EULA.
ADDITIONAL EULA TERMS
April 2013 (1.0)