End User's License Agreement
The software that is subject to this End User's Software License Agreement ("EULA")
is the Gaia Family Tree software (the "Licensed Software", as more
fully defined below). The licensor of the Licensed Software is LULU SOFTWARE, a company having its principal
place of business at 5555 Casgrain Avenue, Montreal, Quebec, H2T 1Y1 (Canada). This
EULA is a legally binding agreement between the Licensee and LULU
SOFTWARE pursuant to which LULU SOFTWARE
licenses the use of the Licensed Software to the Licensee (the "Licensee").
Please read it carefully. If you have any questions concerning this EULA, please
contact LULU SOFTWARE.
Any installing, copying, accessing, or using the Licensed Software by you (the "Licensee")
constitutes Licensee's acceptance of, and promise to comply with, all of the terms
and conditions of this EULA.
The "Licensed Software" includes all of the contents of the files,
disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:
- third party computer information or software that LULU
SOFTWARE has licensed for inclusion in the Licensed Software;
- written materials or files relating to the Licensed Software ("Documentation");
- fonts; and
- upgrades, modified versions, updates, additions, and copies of the Licensed Software,
if any (collectively, "Updates").
Licensee may install one copy of the Licensed Software on a single computer. The
Licensee must be the primary user of the computer on which the Licensed Software
is installed. Licensee may install a second and third copy of the software for his
or her exclusive use on either a portable computer or a computer located at his
or her home, provided the Licensed Software on the second and third computers are
not used at the same time as the Licensed Software on the primary computer. This
present EULA shall apply to all installations of the Licensed Software, whether
there be one, two or three. Installation of the Licensed Software on anything more
than three computers is prohibited. LULU SOFTWARE
provides for the purchase of multiple licenses, Licensee may install the number
of Licenses purchased. Licensee shall be solely responsible for all expenses incurred
in Licensee's installation and use of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent
its unlicensed or illegal use. The Licensed Software may contain enforcement technology
that limits Licensee's ability to install and uninstall the Licensed Software on
a machine to no more than a finite number of times, and for a finite number of computers.
The Licensed Software may require activation as explained during installation and
in the Documentation. If any such applicable activation procedure(s) is not followed,
then the Licensed Software may only operate for a finite period of time. If activation
is required, and not completed within the finite period of time set forth in the
Documentation and explained during installation, then the Licensed Software will
cease to function until activation has been completed, at which time functionality
will be restored. If Licensee has any problem with the activation process, Licensee
should contact Gaia Family Tree customer support.
Licensee may make one copy of the Licensed Software for backup or archival purposes
only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, or transfer the Licensed Software or the License
granted by this EULA without prior written consent of LULU
The License granted by this EULA is non-exclusive. LULU
SOFTWARE may grant licenses similar to this EULA to third parties.
- Licensee may not modify, adapt, translate, sublicense, rent, lease, or loan all
or any portion of the Licensed Software or Documentation;
- Licensee may not create any derivative works from all or any portion of the Licensed
Software or Documentation;
- Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt
to discover the source code of the Licensed Software;
- Licensee may not use a previous version of the Licensed Software after receiving
a media replacement or upgraded version as a replacement to a prior version (in
such case Licensee must destroy the prior version);
- Licensee may not use the Licensed Software in the operation of any business, aircraft,
ship, nuclear facilities, life support machines, communication systems, or any other
equipment in which the failure of the software could lead to personal injury, death,
or environmental damage;
- Licensee may not remove or obscure LULU SOFTWARE
copyright or trademark notices, or the copyright and trademark notices of third
parties that LULU SOFTWARE has
included in the Licensed Software or Documentation; and
- Licensee may not use the Licensed Software to host applications for third parties,
as part of a facility management, timesharing, service provider, or service bureau
- Licensee may not use the Licensed Software in any manner that is illegal or not
authorized by this EULA.
The Licensed Software enables the Licensee to enter content that will be stored
on the computer on which the Licensed Software is installed (such content shall
be referred to herein as the "Content"). Licensee is solely responsible
for Licensee's use, storage and disclosure of the Content. Licensee may only use
the Content responsibly, in a manner consistent with the exercise of good judgment.
As genealogy software, the Licensed Software will permit the Licensee to enter Content
that constitutes non-public personal information of individuals other than the Licensee;
the Licensee shall not use, store or disclose any such information without the express
consent of the individuals to whom it relates. If Licensee is having difficulty
deciding whether Licensee's intended use is appropriate, or whether Licensee needs
written permission, or whether other legal issues should be considered, LULU
SOFTWARE strongly encourages Licensee
to seek competent legal counsel. LULU SOFTWARE
will not assist Licensee in making this determination, nor can LULU SOFTWARE provide Licensee with legal advice
as to intellectual property rights or privacy laws.
Licensee may only use Content which belongs to Licensee and will not violate the
rights of others therein. LULU SOFTWARE
will not edit or monitor Content; Licensee therefore assumes exlcusive responsibility
for the monitoring thereof. Licensee may not use the Licensed Software in conjunction
with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic
hatred or violates the rights of others, or is in any other way objectionable.
If Licensee or Licensee's attorney determines that Licensee is required by law to
obtain written permission to use portions of the Content, Licensee must request
permission for reproduction, redistribution, or modification of the Content from
the appropriate owner of the subject materials (as may be cited in the Licensed
Software). If, on the other hand, Licensee or Licensee's attorney determines it
is permissible to proceed and include Content from the Licensed Software, LULU
SOFTWARE asks Licensee to correctly
designate LULU SOFTWARE trademark(s)
when referring to the Licensed software in the notice or copyright portion of Licensee's
paper, project, or product.
Licensee shall indemnity, hold harmless, and defend LULU
SOFTWARE and LULU SOFTWARE
suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise
from, or result from, Licensee's use or distribution of Content and its use of the
If the Licensed Software is an update to a previous version, Licensee must possess
a valid License to the previous version. Any update provided by LULU SOFTWARE to Licensee is made on a License
exchange basis such that Licensee agrees, as a condition for receiving an Update,
that Licensee will terminate all of Licensee's rights to use any previous version
of the Licensed Software. However, Licensee may continue to use the previous version
only to assist in transitioning to the Updated version. Once an Update has been
released, LULU SOFTWARE may cease
support for prior versions, without any notice to Licensee.
LULU SOFTWARE is not obligated
by this EULA to provide Licensee with any technical support services relating to
the Licensed Software; however, Licensee may order additional support services for
an additional charge as LULU SOFTWARE
may offer from time to time during the term of this EULA.
Limited Warranty on Media
LULU SOFTWARE warrants that the
media on which the Licensed Software is distributed will be free from defects for
a period of 30 days from the date the Licensed Software is delivered to Licensee.
If Licensee discovers a defect in the media during this 30-day period, Licensee
must then return the defective media to LULU SOFTWARE
within 10 calendar days of discovering the defect, and Licensee's sole remedy is
to have either the defective media replaced, or at LULU
SOFTWARE sole option, a refund of the money that Licensee paid
for the Licensed Software. The warranty given in this paragraph is the only warranty
given by LULU SOFTWARE hereunder.
No Warranty on Licensed Software
The Licensed Software is provided to Licensee "AS IS." LULU
SOFTWARE, and LULU SOFTWARE
suppliers or affiliates, make no warranty as to its use or performance. LULU
SOFTWARE, AND LULU
SOFTWARE AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS,
OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE)
AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED
BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
Limitation of Liability
IN NO EVENT WILL LULU SOFTWARE,
OR LULU SOFTWARE AFFILIATES,
BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE
OF LULU SOFTWARE OR ONE OF
LULU SOFTWARE AFFILIATES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM
BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF LULU
SOFTWARE, AND LULU
SOFTWARE AFFILIATES, UNDER OR IN CONNECTION WITH THIS EULA,
SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, IF ANY.
Additional Terms for Beta Software
If the Licensed Software that Licensee receives with this EULA is pre-commercial
release or "BETA" software ("Pre-release Software"), then, to the extent that any
provision in this section is in conflict with any other term or condition in this
EULA, this section supersedes such conflicting term(s) and condition(s) as to the
Pre-release Software, but only to the extent necessary to resolve the conflict.
Licensee acknowledges that the Pre-release Software does not represent the final
product from LULU SOFTWARE, and
may contain bugs, errors, and other problems that could cause system or other failures
and data loss. Consequently, LULU SOFTWARE
disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
IN APPLICABLE JURISDICTIONS WHERE LIABILITY CANNOT BE SO EXCLUDED FOR PRE-RELEASE
SOFTWARE, BUT MAY BE LIMITED, LULU SOFTWARE
LIABILITY, AND THAT OF ITS SUPPLIERS, SHALL BE LIMITED TO THE LESSER OF THE AMOUNT
PAID BY LICENSEE AND FIFTY UNITED STATES DOLLARS (U.S. $50.00). THE FOREGOING LIMITATION
OF LIABILITY APPLIES TO ANY VERSION OF THE LICENSED SOFTWARE, PRE-RELEASE OR POST-RELEASE.
Licensee acknowledges that LULU SOFTWARE
has not promised or guaranteed to Licensee that the Pre-release Software will be
announced or made available to anyone in the future, and that LULU SOFTWARE has no express or implied obligation
to Licensee to announce or introduce the Pre-release Software. LULU SOFTWARE may decide not to introduce a
product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee
acknowledges that any research or development that Licensee performs regarding the
Pre-release Software, or any product associated with the Pre-release Software, is
done entirely at Licensee's own risk.
During the term of this EULA, if requested by LULU
SOFTWARE, Licensee will provide feedback to LULU
SOFTWARE regarding testing and use of the Pre-release Software,
including error or bug reports.
If Licensee has been provided the Pre-release Software pursuant to a separate written
agreement, then Licensee's use of the Pre-release Software is also governed by that
agreement. Notwithstanding anything in this EULA to the contrary, if Licensee is
located outside the United States, Licensee will return or destroy all unreleased
versions of the Pre-release Software within 30 days of the completion of Licensee's
testing of the Pre-release Software if that date is earlier than the date scheduled
for LULU SOFTWARE first commercial
shipment of the publicly released (commercial) Software.
Survival of Disclaimers
The exclusions of warranties, indemnification obligations and liability limitations
shall survive the termination of this EULA, however caused; but this survival shall
not imply or create any continued right to use the Licensed Software after termination
of this EULA.
Licensee shall not ship, transfer, or export Licensed Software into any country
or use Licensed Software in any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions, or regulations applicable to the Licensee
(collectively the "Export Laws") If the Licensed Software is identified
as export controlled items under the Export Laws, Licensee represents and warrants
that Licensee, and Licensee's employees who will use the Licensed Software are not
a citizen, or otherwise located within, an nation embargoed by the United States
(including without limitation: Iran, Syria, Sudan, Cuba, and North Korea), and that
Licensee, and Licensee's employees who will use the Licensed Software, are not otherwise
prohibited under the Export Laws from receiving the Software. All rights to use
the Licensed Software are granted on condition that Licensee complies with the Export
Laws, and all such rights are forfeited if Licensee fails to comply with the Export
This EULA is subject to, and will be governed by and construed in accordance with
the substantive laws in force of the country of Malta whose courts shall have exclusive
jurisdiction over disputes arising hereunder.
Intellectual Property Ownership
The Licensed Software and any authorized copies that Licensee makes are the intellectual
property of, and are owned by, LULU SOFTWARE,
and by third parties whose intellectual property has been licensed by LULU SOFTWARE. The structure, organization,
and code of the Licensed Software are the valuable trade secrets and confidential
information of LULU SOFTWARE
and such third parties. The Licensed Software is protected by law, including without
limitation, the copyright laws of the United States and other countries, and by
international treaty provisions. Except as expressly provided in this EULA, Licensee
is not granted any intellectual property rights in the Licensed Software. Licensee
may not make or publish any public statement concerning the Licensed Software or
LULU SOFTWARE without the prior
express written consent of LULU SOFTWARE.
Reservation of Rights
LULU SOFTWARE reserves all rights
not expressly granted to Licensee by this EULA. The rights granted to Licensee are
limited to LULU SOFTWARE intellectual
property rights, and to the intellectual property rights of third parties licensed
by LULU SOFTWARE, and do not
include any intellectual property rights.
This EULA constitutes the entire agreement between the Licensee and LULU SOFTWARE relating to the Licensed Software,
and it supersedes all prior or contemporaneous representations, discussions, undertakings,
communications, agreements, arrangements, advertisements, and understandings regulating
to the Licensed Software.
This EULA may only be modified or amended by a writing signed by an authorized officer
of LULU SOFTWARE.
If any provision of this EULA is determined by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum extent permissible,
and the remaining provisions of this EULA will remain in full force and effect.
No failure or delay by LULU SOFTWARE in exercising its rights or remedies shall
operate as a waiver unless made by specific written notice. No single or partial
exercise of any right or remedy of LULU SOFTWARE shall operate as a waiver or preclude
any other, or further, exercise of that, or any other right, or remedy.
Proof of Compliance
Within 30 calendar days after request from LULU SOFTWARE, or LULU SOFTWARE authorized
representative, Licensee will provide full documentation, and certify under penalty
of perjury, that Licensee's use of any and all Licensed Software is in conformity
with this EULA.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar
days after request from LULU SOFTWARE, or LULU SOFTWARE
authorized representative, LULU SOFTWARE
may terminate this EULA, whereupon all rights granted to Licensee shall immediately
cease. Furthermore, upon termination, Licensee shall return to LULU SOFTWARE all copies of the Licensed Software,
or verify in writing that all copies of the Licensed Software have been destroyed.