END-USER LICENSE AGREEMENT (EULA) FOR THE VIRTUAL
LOT MANAGER FROM COMPUTER IMAGES OF PUEBLO
IMPORTANT-READ CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you (either an
individual or a single entity) and Computer Images of Pueblo. The SOFTWARE
PRODUCT includes computer software, and may include associated
media, printed materials, and "online" or electronic
documentation. The SOFTWARE PRODUCT also includes any fixes,
releases, upgrades, new versions or enhancements that may
subsequently be issued to you. By purchasing, installing,
copying, downloading, accessing or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of this
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by United States Copyright
laws and international copyright treaties, as well as other
intellectual property laws and treaties. Computer Images of Pueblo retains
copyright to the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is
licensed, not sold. The term "COMPUTER" as used
herein shall mean the HARDWARE, if the HARDWARE is a single
computer system, or shall mean the computer system with which
the HARDWARE operates, if the HARDWARE is a computer system
component. The term "WEB SITE" as used herein shall
mean the computer or hardware that stores the source of the
directory file structure of a single numeric IP address space,
which is recorded under a single domain name in the Internet's
domain name system.
1. GRANT OF LICENSE. This EULA grants you the following
(a) Software Installation and Use.
Computer Images of Pueblo hereby grants you a single, non-exclusive,
non-transferable license to use one copy of the SOFTWARE
PRODUCT in accordance with the terms and conditions of the
EULA. Any rights not expressly granted are reserved. You may
install and use only one copy of the SOFTWARE PRODUCT on one
web site and on one web server. If such usage is for several
different web sites or for different customers, even if all
copies are located on the same web server, such usage is
prohibited unless additional licenses are purchased.
(b) Source Code Usage
This license prohibits selling, giving away, or otherwise
distributing the source code for any of the scripts contained
in this SOFTWARE PRODUCT, either in full or any subpart
thereof. Nor may you use this source code, in full or any
subpart thereof, to create derivative works or as part of
another program that you either sell, give away, or otherwise
distribute via any method. You may modify the source code to
customize the "look and feel" of the SOFTWARE
PRODUCT for your personal usage only.
(b) Co-branding Prohibited.
The SOFTWARE PRODUCT may not be co-branded or otherwise
extended to any other web site. You are prohibited from
allowing access to features of the SOFTWARE PRODUCT such that
the SOFTWARE PRODUCT appears to reside on servers or be part
of a web site in any way other than the computer or hardware
for which the license to use the SOFTWARE PRODUCT has been
granted. Such usage is expressly prohibited under this EULA.
If you are interested in such usage of this program, you must
contact Computer Images of Pueblo to make arrangements for obtaining a
license for this type of usage. Notwithstanding the foregoing
and except as otherwise provided below, any number of devices
or users may access or otherwise utilize the end-user features
and services of the SOFTWARE PRODUCT, such as creating or
viewing content under this program that resides on a single
server or computer and is a part of your web site only. For
classified ads programs, this includes creating, modifying,
deleting, or viewing classified ads posted on your server or
computer using this SOFTWARE PRODUCT.
(c) Back-up Copy.
You may make a single back-up copy of the SOFTWARE PRODUCT.
You may use the back-up copy solely for archival purposes. You
may not otherwise make copies of the SOFTWARE PRODUCT,
including the printed materials accompanying the SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one
computer or hardware.
You may not rent, lease or lend the SOFTWARE PRODUCT.
(c) Software Product Transfer.
You may not assign all or any part of your rights or
obligations under this EULA without the prior written consent
of Computer Images of Pueblo, and any attempt to the contrary will be void
and a material breach of this EULA. Computer Images of Pueblo may withhold
such consent in its sole discretion. Computer Images of Pueblo may not
impose transfer fees as a condition of any permitted transfer.
A transfer of this EULA will terminate any right to your
continued possession or use of the SOFTWARE PRODUCT and you
must promptly destroy all remaining copies of the SOFTWARE
PRODUCT in your possession or under your control. No transfer
shall be allowed unless the recipient agrees to the terms of
This EULA shall continue in full force and effect in
perpetuity unless terminated earlier in accordance with this
or another section of this EULA. This EULA will terminate
automatically if you breach any provision of it. In such
event, you must destroy all copies of the SOFTWARE PRODUCT and
all of its component parts and cease all further use of it.
You further agree thatComputer Images of Pueblo has the right to use any
and all means necessary to enforce its rights if you are in
material breach of this agreement, including but not limited
to the right to repossess the software electronically by
disabling it remotely over the Internet. Termination will have
no effect on your obligation to safeguard and protect
proprietary rights of Computer Images of Pueblo, disclaimers and warranties,
export restrictions, or the Refund Policy.
This EULA does not grant you any rights in connection with any
trademarks or service marks of this product or Computer Images of Pueblo,
The Virtual Lot Manager. You are prohibited from removing the
trademark or trademark logo, Viritual Lot Manager, by
modifying the source code of the SOFTWARE PRODUCT in any
(f) Copyright Notice.
Unless you have purchased a waiver from Computer Images of Pueblo, you are
prohibited from removing the "Powered by the Virtual Lot
Manager and the link to the Virtual Lot Manger web site from
the software. Under all circumstances, including purchase of
the waiver for the logo requirement above, you are prohibited
from removing the copyright notice from the software such that
it is no longer visible on web pages generated by the
software. Removal of the copyright notice by User such that it
is no longer visible on web pages generated by the software
shall constitute a material breach of this EULA.
If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you were granted a license
for as a single product, the SOFTWARE PRODUCT may be used and
transferred only as part of that single product package and
may not be separated for use on more than one computer or web
Except as noted below, all title and intellectual property
rights in and to the SOFTWARE PRODUCT (including but not
limited to any source code, images, photographs, animations,
video, audio, music, text and "applets,"
incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are
owned by Computer Images of Pueblo. You may not copy the printed materials
accompanying the SOFTWARE PRODUCT. Any customization,
modification, or revision of the source code of the SOFTWARE
PRODUCT by you immediately becomes the intellectual property
of Computer Images of Pueblo. The creation of derivative works based on or
through the use of the source code of the SOFTWARE PRODUCT is
prohibited. All title and intellectual property rights in and
to the content which may be accessed through use of the
SOFTWARE PRODUCT is the property of the respective content
owner. This EULA grants you no rights to use such content. All
rights not expressly granted under this EULA are reserved by
Computer Images of Pueblo.
(b). Your Responsibilities.
You agree to use due diligence to safeguard and protect the
SOFTWARE PRODUCT and all source code as the valuable trade
secret and exclusive property of Computer Images of Pueblo. You will at all
times use due diligence to safeguard and protect all such
confidential and proprietary information pertaining to the
SOFTWARE PRODUCT. You will ensure that all marks, notices or
legends pertaining to the origin, identity or ownership of the
SOFTWARE PRODUCT remain intact and clearly legible.
5. DUAL-MEDIA SOFTWARE PRODUCT.
You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of medium you receive, you may
use only one medium that is appropriate for the COMPUTER. You
may not use or install the other medium on another computer.
You may not loan, rent, lease, lend or otherwise transfer the
other medium to another user, except as part of the permanent
transfer (as provided above) of the SOFTWARE PRODUCT.
6. PRODUCT SUPPORT.
Product support for the SOFTWARE PRODUCT is provided by Computer Images of Pueblo. For product support, please refer to the documentation
included with the SOFTWARE PRODUCT, such as the "Readme"
file. Should you have any questions concerning product
support, or if you desire to contact Computer Images of Pueblo for any other
reason, please refer to the contact information provided in
the other documentation included with the SOFTWARE PRODUCT.
7. PRICE & PAYMENT.
You agree to pay Computer Images of Pueblo the applicable license fee
determined by reference to the Virtual Lot Manager published
prices at the time the SOFTWARE PRODUCT was ordered. Payment
of the license fee entitles you to use the licensed program in
accordance with this EULA during the stated term. If the
license fee is based on usage, then you will maintain any
necessary usage records for calculating fees according to the
Unless otherwise stated on Computer Images of Pueblo invoice, the applicable
fees and shipping charges are payable by you promptly upon
delivery. You will pay all sales, use, value-added, GST,
personal property or other governmental tax or levy associated
with this transaction (including interest and penalties
imposed thereon) other than taxes based on the net income or
profits of Computer Images of Pueblo. You also agree to pay any applicable
fees for installation, customization, or other product
support. If you fail to pay any amount when due, your license
to use the SOFTWARE PRODUCT will automatically terminate and
you will pay all costs of enforcement, including reasonable
8. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE
PRODUCT to any country, person, or entity subject to U.S.
export restrictions. You specifically agree not to export or
re-export the SOFTWARE PRODUCT: (i) to any country to which
the U.S. has embargoed or restricted the export of goods or
services, which as of March 1998 include, but are not
necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
Sudan and Syria, or to any national of any such country,
wherever located, who intends to transmit or transport the
products back to such country; (ii) to any person or entity
who you know or have reason to know will utilize the SOFTWARE
PRODUCT or portion thereof in the design, development or
production of nuclear, chemical or biological weapons; or
(iii) to any person or entity who has been prohibited from
participating in U.S. export transactions by any federal
agency of the U.S. government.
If SOFTWARE PRODUCT is labeled "North America Only
Version" on the SOFTWARE PRODUCT packaging or other
written materials, then the following applies: The SOFTWARE
PRODUCT is intended for distribution only in the United
States, its territories and possessions (including Puerto
Rico, Guam, and U.S. Virgin Islands) and Canada. Export of the
SOFTWARE PRODUCT from the United States is regulated under
"EI controls" of the Export Administration
Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce
Department, Bureau of Export Administration (BXA). A license
is required to export the SOFTWARE PRODUCT outside the United
States or Canada. You agree that you will not directly or
indirectly, export or re-export the SOFTWARE PRODUCT (or
portions thereof) to any country, other than Canada, or to any
person or entity subject to U.S. export restrictions without
first obtaining a Commerce Department export license. You
warrant and represent that neither the BXA nor any other U.S.
federal agency has suspended, revoked or denied your export
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU
"AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Should the Program prove defective, you
and not Computer Images of Pueblo assume the entire risk of using the
program and the entire cost of any service and repair. Failure
to install the program is not a valid reason for requesting a
refund of the purchase price. This disclaimer of warranty
constitutes an essential part of this agreement.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event
shall Computer Images of Pueblo be liable for any damages whatsoever
(including without limitation, special, incidental,
consequential, or indirect damages for personal injury, loss
of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the
use of or inability to use this product, even if Computer Images of Pueblo
has been advised of the possibility of such damages. In any
case, Computer Images of Pueblo entire liability under any provision of this
agreement shall be limited to the amount actually paid by you
for the SOFTWARE.
NO WARRANTY FOR "YEAR 2000" OR "Y2K"
To the best of our knowledge, the SOFTWARE PRODUCT will
correctly recognize dates beyond December 31, 1999. This
assumes, however, that your operating system, your server's
BIOS, your Perl installation, and any other hardware or
software that may interact with the SOFTWARE PRODUCT are also
Y2K compliant. If they are not, then that will cause problems
for this SOFTWARE PRODUCT as well, as it obtains time and date
variables from the underlying operating system, which may also
depend on a proper BIOS setting for your server and a proper
installation of Perl. Because there are so many other possible
sources for non-compliance that we do not have any control
over, Computer Images of Pueblo specifically disclaims any warranty that the
SOFTWARE PRODUCT is Y2K compliant. We highly recommend that
you make backups of all important data on or before December
31, 1999, just in case some other component of your system is
not Y2K compliant.
THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE LICENSED
TO YOU "AS IS" AND WITHOUT WARRANTIES AS TO
PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER
EXPRESSED OR IMPLIED. BY PURCHASING OR USING THE SOFTWARE
PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE
ABSOLUTELY NO REFUNDS FOR ANY REASON WHATSOEVER, INCLUDING
FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS,
A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE
PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED,
MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY THE USER THAT
ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT OR THAT ARE
NOT IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE
SOFTWARE PRODUCT, THE UNAVAILABILITY OF Computer Images of Pueblo FOR
CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER
BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE
THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE
SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER AND THAT IT WILL
MEET YOUR NEEDS.
If neither you nor we are able to successfully install the
SOFTWARE PRODUCT on your web server after you have purchased
the Professional Installation option, Computer Images of Pueblo will host
the SOFTWARE PRODUCT for you on our web servers until you are
able to find a suitable web server, for a period not to exceed
thirty (30) days.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the
United States Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Computer Images of Pueblo, 837 El Nido Dr, Pueblo West, CO 81007.
This End User License Agreement and Warranty are governed by
the laws of the State of Colorado, U.S.A.
This document constitutes the entire and exclusive agreement
between the parties with respect to the subject matter hereof
and supersedes all other communications, whether written or
oral. Any provision found by a tribunal of competent
jurisdiction to be illegal or unenforceable shall be
automatically conformed to the minimum requirements of law and
all other provisions shall remain in full force and effect.
Waiver of any provision hereof in one instance shall not
preclude enforcement of it on future occasions. Headings are
for reference purposes only and have no substantive effect.