Electronic End User License Agreement
KMCI Online Press (A Division of Center for Open Enterprise, LLC) Electronic End User License Agreement
This KMCI Online Press End User License Agreement accompanies a KMCI Online Press electronic media product containing written materials and electronic information and including a software template (hereinafter called "The Open Enterprise Template Report Bundle"), the contents of which are specified as follows:
(a) A Report entitled The Open Enterprise Software Template: An Analytic Hierarchy Framework for Measuring Aspects of Organizational Adaptive Functioning (hereinafter called "The Open Enterprise Template Report)
(b) An Open Enterprise Software Template implemented using Expert Choice software, for;
(c) Information allowing The Open Enterprise Software Template Report Bundle Licensees to download a 30-day Expert Choice Trial License to evaluate the software and work with the Open Enterprise Template provided in The Report Bundle.
The term "The Open Enterprise Template Report Bundle" shall also include any upgrades, modified versions, updates, additions, and copies of The Open Enterprise Template Report Bundle licensed to you by KMCI Online Press. This copy of The Open Enterprise Template Report Bundle is licensed to you as the end user or your employer or another third party authorized to permit your use of The Open Enterprise Template Report Bundle. "You" as used in the remainder of this License Agreement refers to the licensee. KMCI Online Press may have a written agreement with the licensee that varies some of the terms of this Agreement, such as the Permitted Number of Computers. The "Permitted Number of Computers" as used in the remainder of this License Agreement is the number of seats corresponding to the price you pay for The Open Enterprise Template Report Bundle as specified just below unless you have a written agreement with KMCI Online Press which specifies otherwise.
A single seat license for one person -- $499.00
A license for business organizations with less than 500 employees -- $499.00
A license for business organizations with 500 to 999 employees -- $1499.00
A license for business organizations with more than 1000 employees -- $2499.00
A license for Non-profit organizations up to 999 employees -- $499.00
A license for Non-profit organizations with 1000 to 2499 employees -- $1499.00
A license for Non-profit organizations with more than 2500 employees -- $2499.00
A license for Government Agencies up to 999 employees -- $499.00.00
A license for Government Agencies with 1000 to 2499 employees -- $1499.00
A license for Government Agencies with more than 2500 employees -- $2499.00
All licenses for organizations or agencies authorize use of The Open Enterprise Template Report Bundle on all computers owned, rented, or leased by the licensee only. The Open Enterprise Template Report Bundle may not be transferred by licensee or licensee's agents or employees to any other computers.
The licensee must read this Agreement carefully before indicating acceptance at the end of the text of this Agreement. If you are the licensee and you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to continue the process of purchasing a license for The Open Enterprise Template Report Bundle. Your purchase and possession of The Open Enterprise Template Report Bundle therefore constitutes agreement with the terms of this license.
KMCI Online Press grants to you a nonexclusive license to use The Open Enterprise Template Report Bundle, provided that you agree to the following:
1. Use of The The Open Enterprise Template Report Bundle. You may
* if you have a personal license, install The Open Enterprise Template Report Bundle on as many of your personal computers as you wish. You may also make backup copies of The Open Enterprise Template Report Bundle, provided backup copies are not installed or used on any computers except those owned, rented, or leased by you for internal business use. The use of back-up copies on your computers for purposes of training class, or workshop enrollees who are not your employees is expressly prohibited.
* Provided you have an Organization or Agency license, install and use The Open Enterprise Template Report Bundle on file servers for use on local area networks for either (but not both) of the following purposes:
(1) installation onto hard disks or other storage devices of your Organization or Agency; or
(2) use of The Open Enterprise Template Report Bundle over such networks, provided the number of different computers on which The Open Enterprise Template Report Bundle is used is limited to computers owned, leased, or rented, by your organization.
* Make backup copies of The Open Enterprise Template Report Bundle, provided backup copies are not installed or used on any computers except those owned, rented, or leased by your organization, and provided such back-ups are not used for class or workshop training of enrollees who are not your employees.
* Make "printed copies" of The Open Enterprise Template Report Bundle or portions of The Open Enterprise Template Report Bundle, provided distribution of these printed copies is restricted to primary users of the permitted computers, or other employees of your organization.
HOME USE. If you have an Organizational License, the primary user of each computer on which The Open Enterprise Template Report Bundle is installed or used may also install The Open Enterprise Template Report Bundle on one home or laptop computer, as long as the user is an employee of your organization. However, the user must retain no copies, including copies stored on a home or laptop computer when the user's employment with your organization is terminated.
2. Copyright. The Open Enterprise Template Report Bundle is owned by Executive Information Systems, Inc. and published by KMCI Online Press. The Open Enterprise Template Report Bundle is also protected by United States Copyright Law and International Treaty provisions. You must treat The Open Enterprise Template Report Bundle just as you would any other copyrighted material, such as a hard copy book. You may not copy The Open Enterprise Template Report Bundle, except as set forth in the "Use of The Open Enterprise Template Report Bundle" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in The Open Enterprise Template Report Bundle. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by The Open Enterprise Template Report Bundle. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in The Open Enterprise Template Report Bundle.
3. Payment Terms. Payment will be made prior to distribution of The Open Enterprise Template Report Bundle to you. Your non-refundable purchase of license is final upon receipt of The Open Enterprise Template Report Bundle, delivered by e-mail attachment.
4. Transfer. You may not rent, lease, sublicense or lend The Open Enterprise Template Report Bundle. You may, however, transfer all your rights to use The Open Enterprise Template Report Bundle to another person or legal entity provided that you transfer this Agreement, The Open Enterprise Template Report Bundle, including all copies, updates and prior versions, to such person or entity and that you retain no copies, including copies stored on a computer.
5. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of Virginia excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that The Open Enterprise Template Report Bundle will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Center for the Open Enterprise, LLC.
6. Notice to Government End Users. If this product is acquired under the terms of a: GSA contract -- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract--Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract--Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.
Unpublished-rights reserved under the copyright laws of the United States.
Executive Information Systems Incorporated, 2711 Centerville Road
Suite 400, Wilmington, DE 19808.
at the KMCI/AMC Online Store