User Guide
SYSTRAN Enterprise Server 7 – Online Tools User Guide 49
10. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the
software identified by SYSTRAN as eligible for the upgrade. After installing the upgrade, you may no
longer use the original software that formed the basis for your upgrade eligibility, except as part of
the upgraded software.
11. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR," may not be
sold or otherwise transferred for value, or used for any purpose other than demonstration, test or
evaluation.
12. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its
component parts may not be separated for use on more than one Server or one Device.
13. SOFTWARE TRANSFER.
Internal. You may transfer your copy of the Software to a different Server or Device. After the
transfer, you must completely remove the Software from the former Server or Device.
Transfer to Third Party. If you are the person who initially licensed the Software, you may make a
one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to
another end-user, provided that you do not retain any copies of the Software. This transfer must
include all of the Software (including all component parts, the media and printed materials, any
upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an
indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the Software
must agree to all the EULA terms.
14. LIMITED WARRANTY FOR SOFTWARE.
SYSTRAN warrants that the Software will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of receipt.
If 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 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.
Any supplements or updates to the Software, including without limitation, any (if any) service packs
or hotfixes provided to you after the expiration of the ninety day Limited Warranty period are not
covered by any warranty or condition, express, implied or statutory.
LIMITATION 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 SYSTRAN, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO CONSEQUENTIAL DAMAGES, if the Software does not meet SYSTRAN's Limited Warranty,
and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential
purpose. The terms of Section 16 ("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 other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE
REMEDY. SYSTRAN's and its suppliers' entire liability and your exclusive remedy for any breach of
this Limited Warranty or for any other breach of this EULA or for any other liability relating to the
Software shall be, at SYSTRAN's option from time to time exercised subject to applicable law, (a)
return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that
does not meet this Limited Warranty and that is returned to SYSTRAN with a copy of your receipt.
You will receive the remedy elected by SYSTRAN without charge, except that you are responsible
for any expenses you may incur (e.g. cost of shipping the Software to SYSTRAN). This Limited
Warranty is void if failure of the Software has resulted from accident, abuse, misapplication,
abnormal use or a virus. Any replacement Software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer. To exercise your remedy, contact: