PAL, v. 3.4, Library Automation Software
Single user (non-networkable & network versions)
End-User License Agreement
IMPORTANT-READ CAREFULLY: This PAL End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Neuton Data Systems ("NDS") for PAL ("Perfectly Automated Library") version 3.4, software, including: computer software, programs, its code, and text, incorporated into the software, the accompanying printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, downloading, creating a back-up, 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 or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This EULA grants you the following rights:
NDS grants you a non-exclusive license to use the SOFTWARE PRODUCT pursuant to the
terms and conditions of this EULA.
The SOFTWARE PRODUCT is licensed, not sold.
Software. You may install and use one copy of the SOFTWARE PRODUCT on a
single computer. PAL, v.3.4 is fully networkable. However you need to purchase an additional license
for each computer connected to a computer network which is running PAL, v.3.4.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT. If you wish to modify or customize the SOFTWARE PRODUCT for specific uses within your particular library contact NDS.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product.
Neither it nor its component parts may be downloaded, sub licensed or separated from the SOFTWARE PRODUCT, or used on more than one computer.
Rental. You may not rent, lease, license, sub-license or lend the SOFTWARE PRODUCT.
Support Services. NDS may provide you with support services related to the SOFTWARE
PRODUCT ("Support Services") described in NDS-provided materials.
Termination. Without prejudice to any other rights, NDS may terminate this EULA if you fail
to comply with the terms and conditions of this EULA.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a
product identified by NDS as being eligible for the upgrade in order to use the SOFTWARE
PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements 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.
All right, title and interest in and to the SOFTWARE PRODUCT and any copies of the
SOFTWARE PRODUCT made by you are owned by NDS. The SOFTWARE
PRODUCT is protected by copyright laws, other laws, and international treaty provisions.
Therefore, you must treat and protect the SOFTWARE PRODUCT like any other protected
material. You may not remove any copyright, trademark, proprietary rights, disclaimer or
warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy you make of the SOFTWARE PRODUCT. Except as expressly set forth in this EULA, you may not copy or duplicate the SOFTWARE PRODUCT or printed materials accompanying the SOFTWARE PRODUCT, except as permitted by applicable law. Except as specifically provided for in this EULA, NDS reserves all of its other
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the 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: Neuton Data Systems, 440 North Curson Avenue, Los Angeles, California 90036
You agree that you will not use, license, transfer or otherwise dispose of the SOFTWARE
PRODUCT or documentation in violation of U.S. and/or foreign or local export laws, including,
without limitation, the laws and regulations administered by the United States Department of
Commerce and the United States Department of State.
7. DISCLAIMER OF WARRANTIES.
NDS MAKES NO WARRANTIES WHATSOEVER, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NDS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL BE ERROR OR BUG FREE. NO
EMPLOYEE, AGENT, DEALER, OR DISTRIBUTOR IS AUTHORIZED TO MAKE ANY
ADDITIONAL WARRANTIES. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY DAYS AFTER YOU RECEIVE THE SOFTWARE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL NDS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES
WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR 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 THE SOFTWARE PRODUCT OR ACCOMPANYING
PRINTED MATERIALS OR DOCUMENTS OR THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, EVEN IF NDS AND ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR IF THE DAMAGES ARE FORSEEABLE. IN ANY
CASE, NDS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE
LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE PRODUCT OR U.S.$5.00; YOU ACKNOWLEDGE THAT THE LICENSE FEES
REFLECT THIS ALLOCATION OF RISK. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you acquired this product in the United States, this EULA is governed by the laws of the State of California, without regard to its conflict of law principles. In no event
shall the United Nations Convention on Contracts for the International Sale of Goods apply to
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable, and such provision shall not
affect the enforceability of (i) such provision under other circumstances, or (ii) the remaining
provisions hereof under all circumstances.
You agree to permit NDS to post the name and address of your library as a purchaser of PAL
(without implying any endorsement of PAL or any other NDS products or services).
You agree that this EULA is the complete and exclusive statement of the license agreement
between you and NDS which supersedes any proposal or prior agreement, oral or written, and
any other communication between you and NDS relating to the subject matter of this license
Should you have any questions concerning this EULA, or if you desire to contact NDS for any
reason, please contact or write: Neuton Data Systems, 440 North Curson Avenue, Los Angeles, California 90036.