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License.txt
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2003-05-07
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EASY THUMBNAILS - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE EASY THUMBNAILS SOFTWARE PROVIDED WITH THIS
AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE
OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH
THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Fookes Software grants you a license to use
the Easy Thumbnails software program (the "SOFTWARE") on any
desktop/laptop computer as long as the terms of this agreement
are respected. "You" means the company, entity, or individual
installing or using the SOFTWARE. "Use" means storing,
loading, installing, executing, or displaying the SOFTWARE.
You may not run the SOFTWARE from a network server or operate
it on a server as a process for another application without
written permission from Fookes Software (contact us at
<sales@fookes.com> for information). You may not modify the
SOFTWARE or disable any licensing or control features of the
SOFTWARE except as an intended part of the SOFTWARE's
programming features.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Fookes
Software. Your license confers no title or ownership in the
SOFTWARE and should not be construed as a sale of any right in
the SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by United States
copyright law and international treaty provisions. You
acknowledge that no title to the intellectual property in the
SOFTWARE is transferred to you. You further acknowledge that
title and full ownership rights to the SOFTWARE will remain
the exclusive property of Fookes Software and you will not
acquire any rights to the SOFTWARE except as expressly set
forth in this license. You agree that any copies of the
SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
4. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,
modify, decompile, disassemble, otherwise reverse engineer, or
transfer the SOFTWARE except as provided in this agreement.
Any such unauthorized use shall result in immediate and
automatic termination of this license.
5. BUNDLING. In no case may the SOFTWARE be bundled with
a hardware or software product without written permission from
Fookes Software <sales@fookes.com> (av. EugΦne-Pittard 22 ter,
CH-1206 Geneva, Switzerland).
6. DISTRIBUTION. You are hereby licensed to make as many
copies of the SOFTWARE as you wish; give exact copies of the
original package of the SOFTWARE to anyone; and distribute the
package of the SOFTWARE in its unmodified form via electronic
means (Internet, BBS's, Shareware distribution libraries, CD-
ROMs, etc.). You may charge a distribution fee for the
package, but you must not represent in any way that you are
selling the software itself.
Permission to distribute the SOFTWARE is not transferable,
assignable, saleable, or franchisable. Each entity wishing to
distribute the package must independently satisfy the terms of
the distribution license.
7. U.S. GOVERNMENT INFORMATION. Use, duplication, or
disclosure by the U.S. Government of the computer software and
documentation in this package shall be subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.277-
7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor
is Fookes Software, av. EugΦne-Pittard 22 ter, CH-1206 Geneva,
Switzerland.
8. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. FOOKES SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO
THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOOKES SOFTWARE NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE SUCH SOFTWARE, EVEN IF FOOKES SOFTWARE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE
PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY
IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
FEE PAID TO FOOKES SOFTWARE.
9. SEVERABILITY. In the event of invalidity of any provision
of this license, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this
license.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
FOOKES SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE
SOFTWARE, EVEN IF FOOKES SOFTWARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FOOKES
SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID
BY YOU, IF ANY.
11. GOVERNING LAW. This agreement shall be governed by the
laws of Switzerland, excluding the application of its conflicts
of law rules, and shall inure to the benefit of Fookes Software
and any successors, administrators, heirs, and assigns. Any
action or proceeding brought by either party against the other
arising out of or related to this agreement shall be brought
only in a COURT of competent jurisdiction located in
Switzerland. The parties hereby consent to in personam
jurisdiction of said courts. The United Nations Convention on
Contracts for the International Sale of Goods is specifically
disclaimed.
12. INSPECTION AND TESTING. You agree and acknowledge that you
will thoroughly inspect and test the SOFTWARE for all of your
purposes upon commencement of your use. Any suit or other
legal action, claim, or any arbitration relating in any way to
this agreement or software covered by it must be officially
filed or officially commenced no later than 90 days after your
first use of the software.
13. ENTIRE AGREEMENT. This is the entire agreement between you
and Fookes Software, which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
14. RESERVED RIGHTS. All rights not expressly granted here are
reserved to Fookes Software.