end user license agreement
updated: July 7, 2004
END USER LICENSE AGREEMENT FOR SOFTWARE ON THIS WEBSITE
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Rob Lindman ("we" or "us") for any and all software products available on this site. The term "software products" includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT").
By downloading, installing, copying, 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, you may not 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. The SOFTWARE PRODUCT is licensed, not sold.
This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components.
1. GRANT OF LICENSE. You may install and use one (1) copy of the SOFTWARE PRODUCT on a single computer.
2. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by us or our suppliers.
3. DISTRIBUTION. The SOFTWARE PRODUCT is available for download on our website. Any reproduction or distribution without prior written consent from us is prohibited.
4. SUPPORT. We may choose to provide support services on the website or by email. No guarantee of technical support is provided. Support provided by us will only be in conjunction with our support policies.
5. TERMINATION. Without prejudice to any other rights, we may terminate this EULA if you fail to comply with the terms and conditions stated. In such event, you must destroy all copies of the SOFTWARE PRODUCT which you retain and all of their component parts.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations 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.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
7. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.
The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
If you acquired this product in the United States, this EULA is governed by the laws of the State of California.
If this product was acquired outside the United States, then local law may apply.
If you desire to contact us for any reason, please communicate with us by means of the Contact Us section of our website.
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (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 THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR 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 US $0.01;