key: helios-eula
short_name: Helios
name: Helios EULA
category: Commercial
owner: Helios Software Solutions
homepage_url: http://www.textpad.com/copyright.html
spdx_license_key: LicenseRef-scancode-helios-eula
ignorable_urls:
  - http://www.textpad.com/
text: "END USER LICENSE AGREEMENT FOR HELIOS SOFTWARE SOLUTIONS SOFTWARE.\n\nIMPORTANT - READ\
  \ CAREFULLY: This Helios Software Solutions End-User License Agreement (\"EULA\") is a legal\
  \ agreement between you (either an individual person or a single legal entity, who will be\
  \ referred to in this EULA as \"You\") and Helios Software Solutions (\"Helios\") for the\
  \ Helios software product that accompanies this EULA, including any associated media, printed\
  \ materials and electronic documentation (the \"Software Product\").  The Software Product\
  \ also includes any software updates, add-on components, web services and/or supplements that\
  \ Helios may provide to You or make available to You after the date You obtain Your initial\
  \ copy of the Software Product to the extent that such items are not accompanied by a separate\
  \ license agreement or terms of use.  By installing, copying, downloading, accessing or otherwise\
  \ using the Software Product, You agree to be bound by the terms of this EULA. If You do not\
  \ agree to the terms of this EULA, do not install, access or use the Software Product; instead,\
  \ You should return it, with proof of purchase, to Your place of purchase for a full refund.\n\
  \nSOFTWARE PRODUCT LICENSE\nThe Software Product is protected by intellectual property laws\
  \ and treaties. The Software Product is licensed, not sold.\n\n1.   GRANT OF LICENSE.   This\
  \ Section of the EULA describes Your general rights to install and use the Software Product.\
  \ The license rights described in this Section are subject to all other terms and conditions\
  \ of this EULA.\n\nGeneral License Grant to Install and Use Software Product.  You may install\
  \ and use one copy of the Software Product on a single computer, device, workstation, terminal,\
  \ or other digital electronic device (\"Device\"). You may make a second copy of the Software\
  \ Product and install it on a portable Device for the exclusive use of the person who is the\
  \ primary user of the first copy of the Software Product.  A license for the Software Product\
  \ may not be shared.\n\nAlternative License Grant for Storage/Network Use.  As an alternative\
  \ to the rights granted in the previous section, You may install a copy of the Software Product\
  \ on one storage Device, such as a network server, and allow individuals within Your business\
  \ or enterprise to access and use the Software Product from other Devices over a private network,\
  \ provided that You acquire and dedicate a license for the storage Device upon which the Software\
  \ Product is installed and each separate Device from which the Software Product is accessed\
  \ and used.  A license for the Software Product may not be used concurrently on different\
  \ Devices unless expressly permitted by this EULA.\n\nSite License.  For the purposes of this\
  \ EULA, a \"site\"\x9D is a computer network in a single physical location. If the Software\
  \ Product is licensed with site license terms specified in the applicable price list or product\
  \ packaging for the Software Product, you may make, use and install as many additional copies\
  \ of the Software Product on the number of Client Devices as the site license authorizes.\
  \  You must have a reasonable mechanism in place to ensure that the number of Client Devices\
  \ on which the Software Product has been installed does not exceed the number of licenses\
  \ you have obtained.  This license authorizes you to make or download one copy of the Documentation\
  \ for each additional copy authorized by the volume license, provided that each such copy\
  \ contains all of the Documentation's proprietary notices.\n\nReservation of Rights.  All\
  \ rights not expressly granted are reserved by Helios.\n\n2.   DESCRIPTION OF OTHER RIGHTS\
  \ AND LIMITATIONS. \nCopy Protection.  The Software Product may include copy protection technology\
  \ to prevent the unauthorized copying of the Software Product or may require original media\
  \ for use of the Software Product on the Device.  It is illegal to make unauthorized copies\
  \ of the Software Product or to circumvent any copy protection technology included in the\
  \ Software Product.\nLimitations on Reverse Engineering, Decompilation, and Disassembly. \
  \ You may not reverse engineer, decompile, or disassemble the Software Product, except and\
  \ only to the extent that such activity is expressly permitted by applicable law notwithstanding\
  \ this limitation.\n\nSeparation of Component Parts. The Software Product is licensed as a\
  \ single product. Its component parts may not be separated for use on more than one Device\
  \ unless expressly permitted by this EULA.\nSamples.  The Software Product may be provided\
  \ with certain \"Samples\" intended to demonstrate use of the Software Product or provide\
  \ a base starting point for use of the Software Product.  Samples include macros, clip libraries,\
  \ syntax definition files, or similar items.  If Samples are provided, they are considered\
  \ part of the Software Product for purposes of this EULA. However, you may use and create\
  \ derivative works from Samples, provided that you do so in conjunction with your use of the\
  \ Software Product, and that you maintain any copyright notices that may be incorporated within\
  \ the Samples.\n\nTrademarks.  This EULA does not grant You any rights in connection with\
  \ any trade marks of Helios.\n\nNo rental, leasing or commercial hosting. You may not rent,\
  \ lease, lend or provide commercial hosting services to third parties with the Software Product.\n\
  \nSupport Services.  Helios may provide You with support services related to the Software\
  \ Product (\"Support Services\"). Use of Support Services is governed by the Helios policies\
  \ and programs described in the user manual, in \"online\" documentation, or in other Helios-provided\
  \ materials. Any supplemental software code provided to You as part of the Support Services\
  \ are considered part of the Software Product and subject to the terms and conditions of this\
  \ EULA.  You acknowledge and agree that Helios may use technical information You provide to\
  \ Helios as part of the Support Services for its business purposes, including for product\
  \ support and development.  Helios will not utilize such technical information in a form that\
  \ personally identifies You.\n\nTerm.  If the Software Product that was distributed to you\
  \ was labeled as an EVALUATION VERSION or TRY & BUY VERSION (or its functional equivalent)\
  \ (an \"Evaluation Version\"), the license granted under this EULA commences upon the installation\
  \ of the Software Product and is effective for 30 days following the date you install the\
  \ Software Product (the \"Evaluation Term\").  Evaluation Version Software Products may include\
  \ software code intended to disable their functionality after the expiration of the Evaluation\
  \ Term. You may take no actions to circumvent the operation of such disabling code, and you\
  \ accept all risks that might arise from such disabling code.  If the Software Product was\
  \ not distributed as an Evaluation Version, or if you converted an Evaluation Version installation\
  \ of the Software Product to a non-Evaluation Version of the Software Product by authorised\
  \ use of the conversion mechanism provided with the Software Product (in each case either\
  \ being or resulting in a \"Full-License Version\"), the licenses granted under this EULA\
  \ commence upon the installation of the Software Product and are effective in perpetuity unless\
  \ terminated per the terms of this Agreement.\n\nSoftware Transfer.  You may permanently transfer\
  \ all of your rights under this EULA (except if your rights are in an Evaluation Version),\
  \ provided you retain no copies, you transfer all copies of the Software Product (including\
  \ all component parts, the media and printed materials, any prior versions, and this EULA),\
  \ and the recipient agrees to be subject to the terms of this EULA.  Upon the occurrence of\
  \ such a transfer, your rights under this EULA terminate immediately.\n\nTermination.  Upon\
  \ the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically\
  \ without notice.  Without prejudice to any other rights, Helios may terminate this EULA if\
  \ You fail to comply with the terms and conditions of this EULA.  In such event, You must\
  \ destroy all copies of the Software Product and all of its component parts. The terms of\
  \ this paragraph shall survive any termination of this EULA.\n\n3.   UPGRADES. \nIf the Software\
  \ Product is labeled as an upgrade, You must be properly licensed to use a product identified\
  \ by Helios as being eligible for the upgrade in order to use the Software Product.  A Software\
  \ Product labeled as an upgrade replaces or supplements (and may disable) the product that\
  \ formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded\
  \ product only in accordance with the terms of this EULA.  If the Software Product is an upgrade\
  \ of a component of a package of software programs that You licensed 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 Device.\n\n4.   INTELLECTUAL PROPERTY\
  \ RIGHTS. All title and intellectual property rights in and to the Software Product (including\
  \ but not limited to any images, text, and \"applets\" incorporated into the Software Product),\
  \ the accompanying printed materials, and any copies of the Software Product are owned by\
  \ Helios or its suppliers.  All title and intellectual property rights in and to the content\
  \ that is not contained in the Software Product, but which may be accessed through use of\
  \ the Software Product, is the property of the respective content owners and may be protected\
  \ by applicable copyright or other intellectual property laws and treaties.  This EULA grants\
  \ You no rights to use such content.  If this Software Product contains documentation that\
  \ is provided only in electronic form, you may print one copy of such electronic documentation.\
  \  You may not copy the printed materials accompanying the Software Product.\n\n5.   BACKUP\
  \ COPY.  After installation of one copy of the Software Product pursuant to this EULA, you\
  \ may keep the original media on which the Software Product was provided by Helios solely\
  \ for backup or archival purposes.  Except as expressly provided in this EULA, you may not\
  \ make copies of the Software Product or the printed materials accompanying the Software Product.\n\
  \n6.   U.S. GOVERNMENT LICENSE RIGHTS.  The Software Product is commercial computer software\
  \ developed exclusively at private expense, and in all respects is proprietary data belonging\
  \ to Helios Software Solutions or its suppliers.  The Software Product is comprised of “commercial\
  \ computer softwareâ€\x9D and “commercial computer software documentationâ€\x9D as such\
  \ terms are used in 48 C.F.R § 12.212.  Consistent with 48 C.F.R. § 12.212 and 48 C.F.R.\
  \ § 227.7202-1 through § 227.7202-4, all U.S. Government licensees acquire the Software\
  \ Product with only those rights set forth in this EULA.\n\n7.   APPLICABLE LAW.  This Agreement\
  \ is governed by the laws of England, without reference to conflict of laws principles. The\
  \ application of the United Nations Convention of Contracts for the International Sale of\
  \ Goods is expressly excluded.  This Agreement sets forth all rights for the user of the Software\
  \ Product and is the entire agreement between the parties. This Agreement supersedes any other\
  \ communications with respect to the Software Product. This Agreement may not be modified\
  \ except by a written addendum issued by a duly authorized representative of Helios.  No provision\
  \ hereof shall be deemed waived unless such waiver shall be in writing and signed by Helios\
  \ or a duly authorized representative of Helios.  If any provision of this Agreement is held\
  \ invalid, the remainder of this Agreement shall continue in full force and effect.  The parties\
  \ confirm that it is their wish that this Agreement has been written in the English language\
  \ only.\nShould you have any questions concerning these terms and conditions, or if you would\
  \ like to contact Helios for any other reason, please call +44 (1772) 786373, fax +44 (1772)\
  \ 786375, or write to:  Helios Software Solutions, PO Box 619 Longridge, PR3 2GW, England.\
  \  http://www.textpad.com/.\n\n9.   LIMITED WARRANTY.  Helios warrants that the SOFTWARE PRODUCT\
  \ will perform substantially in accordance with the accompanying materials for a period of\
  \ ninety (90) days from the date of receipt. \nIf an implied warranty or condition is created\
  \ by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it,\
  \ you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING\
  \ THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS).  AS TO ANY DEFECTS DISCOVERED AFTER THE\
  \ NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.  Some states/jurisdictions\
  \ do not allow limitations on how long an implied warranty or condition lasts, so the above\
  \ limitation may not apply to you.\nAny supplements or updates to the SOFTWARE PRODUCT, including\
  \ without limitation, any (if any) service packs or hot fixes provided to you after the expiration\
  \ of the ninety (90) day Limited Warranty period are not covered by any warranty or condition,\
  \ express, implied or statutory.\nLIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.\
  \  Your exclusive remedy for any breach of this Limited Warranty is as set forth below.  Except\
  \ for any refund elected by Helios, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT\
  \ LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Helios' Limited\
  \ Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails\
  \ of its essential purpose.  The terms of Section 11 below (\"Exclusion of Incidental, Consequential\
  \ and Certain Other Damages\") are also incorporated into this Limited Warranty.  Some states/jurisdictions\
  \ do not allow the exclusion or limitation of incidental or consequential damages, so the\
  \ above limitation or exclusion may not apply to you.  This Limited Warranty gives you specific\
  \ legal rights.  You may have others which vary from state/jurisdiction to state/jurisdiction.\n\
  YOUR EXCLUSIVE REMEDY.  Helios' and its suppliers' entire liability and your exclusive remedy\
  \ shall be, at Helios' option from time to time exercised subject to applicable law, (a) return\
  \ of the price paid (if any) for the Software Product, or (b) repair or replacement of the\
  \ Software Product, that does not meet this Limited Warranty and that is returned to Helios\
  \ with a copy of your receipt.  You will receive the remedy elected by Helios without charge,\
  \ except that you are responsible for any expenses you may incur (e.g. cost of shipping the\
  \ Software Product to Helios).  This Limited Warranty is void if failure of the Software Product\
  \ has resulted from accident, abuse, misapplication, abnormal use or a virus.  Any replacement\
  \ Software Product will be warranted for the remainder of the original warranty period or\
  \ thirty (30) days, whichever is longer.  Neither these remedies nor any product support services\
  \ offered by Helios are available without proof of purchase from an authorized source.  To\
  \ exercise your remedy, contact:  Helios Software Solutions, PO Box 619 Longridge, PR3 2GW,\
  \ England.\n\n10.   DISCLAIMER OF WARRANTIES.  THE LIMITED WARRANTY THAT APPEARS ABOVE IS\
  \ THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES\
  \ (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.  EXCEPT FOR THE LIMITED WARRANTY AND\
  \ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELIOS AND ITS SUPPLIERS PROVIDE THE\
  \ SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL\
  \ OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT\
  \ LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF\
  \ FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS,\
  \ OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO\
  \ THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS\
  \ NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO\
  \ DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.\n\n11.   EXCLUSION OF INCIDENTAL,\
  \ CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE\
  \ LAW, IN NO EVENT SHALL HELIOS  OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,\
  \ OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF\
  \ PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,\
  \ FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE\
  \ CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT\
  \ OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION\
  \ OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY\
  \ PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT\
  \ LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HELIOS OR ANY SUPPLIER, AND EVEN\
  \ IF HELIOS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n12.  \
  \ LIMITATION OF LIABILITY AND REMEDIES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR\
  \ FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND\
  \ ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF HELIOS AND ANY OF ITS SUPPLIERS\
  \ UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT\
  \ FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY HELIOS WITH RESPECT TO ANY BREACH OF\
  \ THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU\
  \ FOR THE SOFTWARE OR U.S. $5.00.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING\
  \ SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,\
  \ EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.\n\n13.   ENTIRE AGREEMENT.  This EULA (including\
  \ any addendum or amendment to this EULA which is included with the Software Product) is the\
  \ entire agreement between you and Helios relating to the Software Product and the support\
  \ services (if any) and they supersede all prior or contemporaneous oral or written communications,\
  \ proposals and representations with respect to the Software Product or any other subject\
  \ matter covered by this EULA.  To the extent the terms of any Helios policies or programs\
  \ for support services conflict with the terms of this EULA, the terms of this EULA shall\
  \ control."