End-User License Agreement (EULA)
 
IMPORTANT -- PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: This End-User license Agreement ("EULA") is a contract between (a) you (either an individual or the entity you represent) and (b) NRG Global, Inc. ("NRG GLOBAL") that governs your use of the software product ("Software").
 
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, YOU MUST DESTROY ALL COPIES OF THE SOFTWARE AND ACCOMPANYING DOCUMENTATION WITHIN 1 DAY OF PURCHASE FOR A REFUND FROM NRG GLOBAL.
 
1. LICENSE RIGHTS. You will have the following rights provided you comply with all terms and conditions of this EULA: a. Use. NRG GLOBAL grants you a license to Use one copy of the NRG GLOBAL Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using the NRG GLOBAL Software. You may not modify the NRG GLOBAL Software or disable any licensing or control feature of the NRG GLOBAL Software. Additional restrictions on Use may appear in the User Documentation. You may not separate component parts of the NRG GLOBAL Software for Use. You do not have the right to distribute the NRG GLOBAL Software. b. Copying. You may copy the NRG GLOBAL software for back-up and archival purposes, provided any copy contains all the original software's proprietary notices.
2. UPGRADES. To Use NRG GLOBAL Software provided by NRG GLOBAL as an upgrade, update, or supplement (collectively "Upgrade"), you must first be licensed for the original NRG GLOBAL Software identified by NRG GLOBAL as eligible for the Upgrade. To the extent the Upgrade supersedes the original NRG GLOBAL Software, you may no longer use such NRG GLOBAL Software. This EULA applies to each Upgrade unless NRG GLOBAL provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
 
3. PROPRIETARY RIGHTS. All ownership and intellectual property rights in the Software and User Documentation are owned by NRG GLOBAL and/or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
4. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the NRG Global Software, except and only to the extent that the right to do so is allowed under applicable law.
 
5. CONSENT TO USE OF DATA. NRG Global and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software or the NRG GLOBAL Product, or (ii) the provision of support services related to the Software or the NRG GLOBAL Product. All such information will be subject to NRG GLOBAL's privacy policy. NRG GLOBAL will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.
 
6. LIMITATION OF LIABILITY. Under no circumstances shall NRG GLOBAL or its suppliers or resellers be liable to licensee or any other person for any special, incidental, indirect, or consequential damages, including damages for loss of goodwill, lost profits, work stoppage, business interruption, personal injury, computer failure, loss of privacy, or any and all commercial damages or losses, even if NRG GLOBAL or any supplier has been advised of the possibility of such damages. Further, in no event shall NRG GLOBAL's liability under any provision of this agreement exceed the license fee paid to NRG GLOBAL. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
 
7. U.S. GOVERNMENT RESTRICTED RIGHTS AND COMPLIANCE WITH EXPORT LAWS. This software is 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 of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software.
 
8. RESERVATION OF RIGHTS. NRG Global and its suppliers reserve all rights not expressly granted to you in this EULA.