By receiving and/or using this evaluation version of ACD Systems Ltd. ("ACD") software (the "Software"), you accept the following Evaluation Version User Agreement. This agreement is a binding legal agreement between ACD and the purchasers, users or evaluators of ACD software and products. Subject to the terms of this Agreement, ACD grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this Software for evaluation purposes in accordance with this Agreement and any other written agreement with ACD. ACD does not transfer title to this Software to you; the license granted to you is not a sale. If you do not agree to be bound by this agreement, remove this Software from your computer now and, if applicable, return to us by mail any copies in your possession.
2. Evaluation Version Distribution
This Evaluation Version of this Software shall not be distributed except in accordance with paragraph 3.2 below. For information about redistribution of ACD Software, contact us at:
WWW: www.ACDSYSTEMS.com
E-mail: channelsales@acdnet.com
Fax: 1 (866) 544-0291 (toll free)
3. Evaluation Version User Agreement
3.1 Evaluation Version Use
You may evaluate this Evaluation Version for a maximum of twenty-five (25) calendar days (the "Evaluation Period"). On or before the expiration of the Evaluation Period, you must purchase a Full Version from ACD or remove this Software and any archived copy from your computer. This Evaluation Version expires after the Evaluation Period. For more information about purchasing a Full Version of this Software, please e-mail us at: customerservice@acdsystems.com
3.2 Distribution
The Palm OS application or component of this Evaluation Version of the Software may be freely distributed in accordance with the license agreement contained within the ACDSee menu of the Palm OS application or component of this Evaluation Version of the Software. The other components of the Software, including the ACDSee Mobile for Palm OS desktop application and the ACDSee Palm plug-in shall not be distributed in any manner whatsoever.
The remaining part of this section 3.2 does not apply to the Palm OS application or component of this Software. Each licensed copy of the ACD Software may be used in only one single location by one user. "Use" of the software means that you have loaded, installed, or run the software on a computer. If you install the software onto a multi-user platform or network, each and every individual user of the software must be licensed separately or be covered by a site license. You may make one copy of the licensed Software for backup purposes, providing you only have one copy installed on one computing device being used by one person (or number of users covered in a site license purchase). Other users may not use your copy of this Software. If any person other than yourself uses ACD Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated! The sale of and or distribution of copies of this Software are strictly forbidden. It is a violation of this agreement to sell, loan, rent, lease, borrow, or transfer the use of copies of ACD Software.
3.3 Use Restrictions
You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
3.4 Copyright Restriction
You shall not, and shall not attempt to, in whole or in part, modify, reverse engineer, disassemble or decompile this Software.
ACD's name and logo or graphics file that represents our Software shall not be used in any way to promote products developed with our Software. ACD retains sole and exclusive ownership of all right, title and interest in and to the software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of ACD software and products. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ACD.
4. Limitation of Responsibility
You will indemnify, hold harmless, and defend ACD against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ACD Software.
In no event will ACD be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this software or the use or inability to use this software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Our entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ACD) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to ACD.
5. Warranties
This Software provided for evaluation purposes only and ACD makes no representations or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
6. Governing Law
This Agreement shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom.
