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- END-USER LICENSE AGREEMENT
-
- Screening Room
-
- IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA")is a legal
- agreement between you (either an individual or a single entity) and
- Tuesday's Child Software for the software product identified above, which
- includes computer software and associated media and printed materials,
- and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or
- "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT,
- you agree to be bound by the terms of this EULA.
-
- 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.
-
- 1. GRANT OF LICENSE. This EULA grants you the following rights:
-
- a. You may use an unlimited number of copies of the Software Product identified
- above on an unlimited number of computers for your personal use.
- The SOFTWARE is in "use" on a computer when it is loaded into temporary memory
- (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or
- other storage device) of that computer. However, installation on a network
- server for the sole purpose of internal distribution to one or more other
- computer(s) shall not constitute "use" for which a separate license is
- required, provided you have a separate license for each computer to which the
- SOFTWARE is distributed.
-
- b. Solely with respect to electronic documents included with the SOFTWARE,
- you may make an unlimited number of copies (either in hardcopy or electronic
- form), provided that such copies shall be used only for internal purposes and
- are not republished or distributed to any third party.
-
-
- 2. OWNERSHIP. Except as expressly licensed to you in this Agreement,
- Tuesday's Child Software retains all right, title and interest in and to the
- SOFTWARE PRODUCT; provided, however, that, subject to the license grant in
- Section 1.a and Tuesday's Child Software ownership of the underlying SOFTWARE
- PRODUCT, you shall own all right, title and interest in and to any Derivative
- Technology of the Product created by or for you.
-
- 3. 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 Tuesday's Child Software or its suppliers. The SOFTWARE PRODUCT is
- protected by copyright laws and international treaty provisions. Therefore, you
- must treat the SOFTWARE PRODUCT like any other copyrighted material except that
- you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or
- archival purposes or (b) install the SOFTWARE PRODUCT on a single computer
- provided you keep the original solely for backup or archival purposes. You may
- not copy the printed materials accompanying the SOFTWARE PRODUCT.
-
- 4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-
- a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You
- may not reverse engineer, decompile, or disassemble the SOFTWARE, except and
- only to the extent that such activity is expressly permitted by applicable law
- notwithstanding this limitation.
-
- b. Rental. You may not rent or lease the SOFTWARE PRODUCT.
-
- c. Software Transfer. You may permanently transfer all of your rights under
- this EULA, provided that 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.
-
- d. Termination. Without prejudice to any other rights, Tuesdayss Child Software
- may terminate this EULA if you fail to comply with the terms and conditions of
- this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
-
-
-
- 5. U.S. GOVERNMENT RESTRICTED RIGHTS. THE SOFTWARE PRODUCT AND DOCUMENTATION
- ARE 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 AT DFARS
- 252.227-7013 OR SUBPARAGRAPHS (C)(1) AND (2) OF THE COMMERCIAL COMPUTER
- SOFTWARE-RESTRICTED RIGHTS AT 48 CFR 52.227-19, AS APPLICABLE. MANUFACTURER IS
- TUESDAYS CHILD SOFTWARE/7822 CR 158/EAST LIBERTY, OH 43319.
-
- MISCELLANEOUS
-
- If you acquired this product in the United States, this EULA is governed by
- the laws of the State of Ohio.
-
- If you acquired this product in Canada, this EULA is governed by the laws of
- the Province of Ontario, Canada. Each of the parties hereto irrevocably
- attorns to the jurisdiction of the courts of the Province of Ontario and
- further agrees to commence any litigation which may arise hereunder in the
- courts located in the Judicial District of York, Province of Ontario.
-
- If this product was acquired outside the United States, then local law may
- apply.
-
- Should you have any questions concerning this EULA, or if you desire to
- contact Tuesday's Child Software for any reason, please write:
- Tuesday's Child Software
- 7822 CR 158
- East Liberty, OH 43319
-
- If you have a specific question regarding the licensing of redistributables,
- you may contact us at: tcsoft@sprynet.com
-
- LIMITED WARRANTY
-
- LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are
- provided "as is," without warranty of any kind, Tuesday's Child Software warrants
- that (a)the SOFTWARE PRODUCT will perform substantially in accordance with the
- accompanying written materials for a period of ninety (90) days from the date
- of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be
- free from defects in materials and workmanship under normal use and service
- for a period of one (1) year from the date of receipt. Some sta tes and
- jurisdictions do not allow limitations on duration of an implied warranty, so
- the above limitation may not apply to you. To the extent allowed by applicable
- law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are
- limited to ninety (90) days and one year, respectively.
-
- CUSTOMER REMEDIES. Tuesday's Child Software and its suppliers' entire liability
- and your exclusive remedy shall be, at Tuesday's Child Software's option, either
- (a) return of the price paid, or (b) repair or replacement of the SOFTWARE
- PRODUCT or hardware that does not meet Tuesday's Child Software's Limited
- Warranty and which is returned to Tuesday's Child Software with a copy of your
- receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or
- hardware has resulted from accident, abuse, or misapplication. Any replacement
- SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original
- warranty period or thirty (30) days, whichever is longer. Outside the United
- States, neither these remedies nor any product support services offered by
- Tuesday's Child Software are available without proof of purchase from an
- authorized international source.
-
- NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
- TUESDAY'S CHILD SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER
- EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
- SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION
- TO STATE/JURISDICTION.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, IN NO EVENT SHALL TUESDAY'S CHILD SOFTWARE OR ITS 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, EVEN
- IF TUESDAYS CHILD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
- OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
- NOT APPLY TO YOU.
-
-