END-USER LICENSE AGREEMENT FOR VERITAPE BY BLUE STARFISH LTD AND END-USER LICENSE AGREEMENT FOR ADSOFTWARE.
END-USER LICENSE AGREEMENT FOR VERITAPE BY BLUE STARFISH LTD.
PLEASE READ CAREFULLY
This is a legal agreement between you ("You"), being either an individual or a single entity, and Blue Starfish Ltd. ("Blue Starfish") for the software product known as Veritape, which includes computer software and online or electronic documentation ("Veritape"). By installing or executing the programs contained in or otherwise using Veritape, You agree to be bound by the terms of this agreement. If You do not agree to be bound by the terms of this agreement, You may not install or execute the programs contained in or otherwise make use of Veritape.
Blue Starfish grants to You a nonexclusive license to use Veritape, provided that You agree to the following:
1. TERM AND TERMINATION OF LICENSE
This Agreement shall commence on the date You install Veritape and continue until the termination of this Agreement by Blue Starfish for breach by You of any of the terms and conditions herein.
2. PRICE
You may use Veritape free of charge, providing:
i) You use Veritape for personal (non-commerical) use, or
ii) You use Veritape for commercial use, but You do not install more than 1 copy of Veritape
If You wish to install 2 or more copies of Veritape, You are required to register Veritape. Please see the Veritape website (www.veritape.com) for details, or email sales@veritape.com for information on pricing and site licenses. Please send your name, Company name, Company address and the number of copies of Veritape to be installed.
3. COPYING AND DISTRIBUTION
You may make and distribute copies of Veritape to your friends and family only, as long as You do not charge for Veritape, and as long as each copy that You make and distribute contains this Agreement and is an exact and complete copy of Veritape. You may not post Veritape on or to a website, or distribute Veritape through physical media such as CD-ROMs (including software compilation disks) without the permission of Blue Starfish. If you wish to distribute Veritape through these channels, please email info@veritape.com
4. COPYRIGHT AND TRADEMARKS
All title to and copyrights in and to Veritape are owned by Blue Starfish. Blue Starfish may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering Veritape. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights. Blue Starfish reserves all rights not expressly granted. Redistributable portions of Microsoft Unimodem/V and other software are copyright Microsoft Corporation. Microsoft and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. AOL is a registered trademark of America On Line Inc.
5. LIMITED LIABILITY
Blue Starfish does not warrant Veritape will perform reliably, nor does Blue Starfish warrant that Veritape be fit for use for any particular purpose whatsoever. Whilst all due care has been given in developing Veritape, You hereby acknowledge that Veritape may contain defects which can result in malfunction of the computer on which it is installed. Consequently, You agree that installation and use of Veritape is entirely at your own risk. If You do not agree to carrying this risk, You may not install or otherwise make use of Veritape.
NOT WITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF BLUE STARFISH AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR VERITAPE OR U.K.P.ú1.00, EVEN IF BLUE STARFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUE STARFISH RECOMMENDS THAT ALL CRITICAL DATA BE BACKED UP PRIOR TO INSTALLING VERITAPE.
6. LEGALITY OF RECORDING PHONECALLS
Veritape is capable of recording phonecalls - the law on recording phonecalls is different in every part of the world. Blue Starfish recommends that You inform the other party or parties to your phonecall that You are taping their conversation. In some States, Countries or Jurisdictions, You are required to do this by Law. You need to ensure that You use Veritape in a legal and ethical manner. Blue Starfish will not be held responsible for any action or inaction on your part which leads to or causes You to break the law. Blue Starfish recommends that You consult your solicitor to ascertain the exact Law applicable to recording phonecalls in your jurisdiction.
7. LIMITATION OF SUPPORT
The provision of any support, help or other assistance provided to You by Blue Starfish is entirely at the discretion of Blue Starfish. Blue Starfish does not warrant to support Veritape in any way.
8. OTHER RIGHTS AND LIMITATIONS
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Veritape, or to use ideas embodied in the Veritape in the production of a competitive product.
Blue Starfish may terminate this agreement without prejudice to any of Blue Starfish's rights if You fail to comply with the terms and conditions of this agreement. In the event of termination, You agree to destroy all copies of Veritape and its constituent parts.
9. GOVERNING LAW
This agreement is governed by the laws of England, United Kingdom. If any part or parts of this Agreement are found to be unenforceable or inapplicable, then the rest of this Agreement will remain enforceable or applicable.
Should You have any questions concerning this agreement, please send email to info@veritape.com
This License Agreement is a legal agreement between you (either an individual or a single entity) and Aureate Media Corporation ("Aureate Media") for use of the AdSoftware System, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT, this software"). "SOFTWARE PRODUCT" also includes, and this Agreement also governs, any later release or update of the AdSoftware System which Aureate Media makes generally available without additional charge of licenses or your release or the SOFTWARE PRODUCT, and any copy of the SOFTWARE PRODUCT made in accordance with this Agreement. By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LINCENSE AGREEMENT, ABORT THE INSTALLATION AND REMOVE THIS AND RELATED SOFTWARE FROM YOUR COMPUTER SYSTEM IMMEDIATELY.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This SOFTWARE PRODUCT is "advertiser supported software," meaning that some or all of the costs associated with the development and distribution of this SOFTWARE PRODUCT is recuperated through the use of advertisements displayed in the software product. These advertisements are delivered via the Internet and will be downloaded from the servers of Aureate Media or their subcontractors, partners, or other authorized parties. By using this software, you agree that you understand that this software will connect to the Internet UBIQUITOUSLY to download advertisement and/or to provide software updates. You also accept responsibility for any network usage costs or any other costs incurred by using this software.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, documentation, media, online documentation, text, and "web integration" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Aureate Media or its authorized agents. As a licensee, you own the media on which the SOFTWARE PRODUCT is recorded, but Aureate Media and all Third Party Suppliers retain title and ownership to the SOFTWARE PRODUCT recorded on the media and all copyright and other intellectual property rights therein. This license is not a sale of the software or any copy. Except as may be required under applicable law, you agree not to alter, decompile, disassemble, or reverse engineer the SOFTWARE PRODUCT, in whole or in part, whether for error correction or otherwise. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
You agree not to alter, remove or obscure any copyright notices or other proprietary notices on and in the software.
LIMITED WARRANTY
NO WARRANTIES. - Aureate Media EXPRESSLY DISCLAIMS ANY WARRANTY for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk
arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES. In no event shall Aureate Media or its suppliers be liable for any 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 this SOFTWARE PRODUCT, EVEN IF AUREATE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
