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- The formal End-User-License-Agreement follows, but first, here is
- the "Plain English" version:
-
- If you haven't purchased a key, you can use the software free for
- 30 days. After that, you need to purchase a key, or else remove
- the software from your computer.
-
- If you buy a license, then you can use the software on one computer -
- plus one other if you are the primary user. If you have a desktop
- and a laptop, and even if they are networked and in use at the same
- time, then you don't need to buy another license. But if you want
- to run it on 3 computers, or have other users using the other
- computers, then you DO need to buy additional licenses. And you
- need to notify us if you are transferring (selling, giving) your
- license to someone else.
-
- That's basically it - thanks for reading this far. If you want to
- read the whole thing, here's what our lawyer wrote:
-
-
-
- SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT
-
- THORNSOFT DEVELOPMENT, INC. ("Thornsoft") IS WILLING TO LICENSE
- THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
- TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS
- CAREFULLY. BY CLICKING ON "ACCEPT" AND/OR INSTALLING THE
- SOFTWARE, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO
- NOT AGREE WITH THESE TERMS, THEN THORNSOFT IS UNWILLING TO LICENSE
- THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT PROCEED WITH
- INSTALLING THE SOFTWARE.
-
- 1. The Software. The Software licensed under this Agreement
- consists of computer programs, data compilation(s), and
- documentation referred to as ClipMate, version 6.3 (the
- "Software").
-
- 2. Perpetual Term. The term of the license granted herein shall
- be perpetual unless terminated by written notice by You for
- convenience or terminated by either party for material breach.
- Immediately upon termination of this license for any reason, You
- shall return to Thornsoft all copies of the Software and
- documentation.
-
- 3. License Grant.
-
- 3.1 Evaluation Version License Grant. If You have
- downloaded or otherwise received an evaluation version of the
- Software, You are authorized to use the Software on a royalty-free
- basis for evaluation purposes during the initial evaluation period
- of thirty (30) days. During the evaluation period, You may copy
- the Software for archival purposes, provided that any copy must
- contain the original Software's proprietary notices in unaltered
- form, and. you may distribute and/or transmit as many copies to
- others as You wish. You have the option to register for full use
- of the Software at any time during the evaluation period by
- following the instructions in the accompanying documentation,
- including the payment of the required license fee. Registration
- will authorize You to use an unlocking key which will convert the
- Software to full use, in accordance with the terms and conditions
- provided below. Your use of the Software for any purpose after
- the expiration of the initial evaluation period is not authorized.
- Upon expiration of the limited evaluation period, the Software may
- automatically disable itself.
-
- 3.2 Registered Version License Grant for Single Copies (Non-
- Network Use).
-
- 3.2.1 Outside of India, if You are a registered user of the
- Software, You are granted non-exclusive rights to install and
- use the Software in accordance with either one of the following
- authorized uses, but not both: (i) by a single person who uses
- the Software only on up to two computers or workstations.
- or (ii) as installed on any single computer or workstation,
- provided the single computer or workstation is used non-simultaneously
- by multiple persons. You may copy the Software for archival
- purposes, provided that any copy must contain the original
- Software's proprietary notices in unaltered form.
-
- 3.2.2 Within India, if You are a registered user of the Software,
- You are granted non-exclusive rights to
- install and use the Software on only one computer. You may
- copy the Software for archival purposes, provided that any
- copy must contain the original Software's proprietary notices
- in unaltered form.
-
- 3.3 Registered Version License Grant For Network Use. If
- You are a registered user of the Software, You are granted non-
- exclusive rights to install and use the Software and/or transmit
- the Software over an internal computer network, provided You
- acquire and dedicate a licensed copy of the Software for each user
- who may access the Software concurrently with any other user. You may
- copy the Software for archival purposes, provided that any copy
- must contain the original Software's proprietary notices in
- unaltered form.
-
- 3.4 Purchase of Additional Licenses. Registered users of
- the Software may purchase license rights for additional authorized
- use of the Software in accordance with Thornsoft's then-current
- volume pricing schedule. Such additional licenses shall be
- governed by the terms and conditions hereof. You agree that,
- absent Thornsoft's express written acceptance thereof, the terms
- and conditions contained in any purchase order or other document
- issued by You to Thornsoft for the purchase of additional
- licenses, shall not be binding on Thornsoft to the extent that
- such terms and conditions are additional to or inconsistent with
- those contained in this Agreement.
-
- 4. Restrictions. You may not: (i) permit others to use the
- Software, except as expressly provided above for authorized
- network use; (ii) modify or translate the Software; (iii) reverse
- engineer, decompile, or disassemble the Software, except to the
- extent this restriction is expressly prohibited by applicable law;
- (iv) create derivative works based on the Software; (v) merge the
- Software with another product; (vi) copy the Software, except as
- expressly provided above; or (vii) remove or obscure any
- proprietary rights notices or labels on the Software.
-
- 5. Transfers. You may not transfer the Software or any rights
- under this Agreement without the prior written consent of
- Thornsoft, which consent shall not be unreasonably withheld. A
- condition to any transfer or assignment shall be that the
- recipient agrees to the terms of this Agreement. Any attempted
- transfer or assignment in violation of this provision shall be
- null and void.
-
- 6. Ownership. Thornsoft and its suppliers own the Software and
- all intellectual property rights embodied therein, including
- copyrights and valuable trade secrets embodied in the Software's
- design and coding methodology. The Software is protected by
- United States copyright laws and international treaty provisions.
- This Agreement provides You only a limited use license, and no
- ownership of any intellectual property.
-
- WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THORNSOFT PROVIDES
- THE SOFTWARE "AS-IS." NEITHER THORNSOFT NOR ANY OF ITS SUPPLIERS
- OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
- THORNSOFT AND ITS SUPPLIERS SPECIFICALLY OR RESELLERS DISCLAIM THE
- IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
- AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR
- GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE
- UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE
- WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU
- ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE
- SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
- PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED
- HEREUNDER EXCEPT UNDER THIS DISCLAIMER. To the extent that this
- Warranty Statement is inconsistent with the jurisdiction where You
- use the Software, the Warranty Statement shall be deemed to be
- modified consistent with such local law. Under such local law,
- certain limitations may not apply, and you may have additional
- rights which vary from jurisdiction to jurisdiction. For example,
- some states in the United States and some jurisdictions outside
- the United States may: (i) preclude the disclaimers and
- limitations of this Warranty Statement from limiting the rights of
- a consumer; (ii) otherwise restrict the ability of a manufacturer
- to make such disclaimers or to impose such limitations; or (iii)
- grant the consumer additional legal rights, specify the duration
- of implied warranties which the manufacturer cannot disclaim, or
- prohibit limitations on how long an implied warranty lasts.
-
- Technical Support. Registration and payment in full of license
- fees entitles You to limited technical support for ninety (90)
- days from registration in accordance with the terms and conditions
- of Thornsoft's Internet website as indicated under the Help file
- for the Software.
-
- INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO
- LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR
- STRICT PRODUCTS LIABILITY, SHALL THORNSOFT OR ANY OF ITS SUPPLIERS
- OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
- INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
- KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
- WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF
- COMMERCIAL DAMAGE, EVEN IF THORNSOFT HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO
- LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY
- APPLICABLE LAW.
-
- IN NO EVENT SHALL THORNSOFT'S CUMULATIVE AGGREGATE LIABILITY FOR
- ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
- FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR
- THE SOFTWARE.
-
- EXPORT CONTROLS. You agree to comply with all export laws and
- restrictions and regulations of the United States or foreign
- agencies or authorities, and not to export or re-export the
- Software or any direct product thereof in violation of any such
- restrictions, laws or regulations, or without all necessary
- approvals. As applicable, each party shall obtain and bear all
- expenses relating to any necessary licenses and/or exemptions with
- respect to its own export of the Software from the U.S. Neither
- the Software nor the underlying information or technology may be
- downloaded or otherwise exported or re-exported (i) into Cuba,
- Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country
- subject to U.S. trade sanctions covering the Software, to
- individuals or entities controlled by such countries, or to
- nationals or residents of such countries other than nationals who
- are lawfully admitted permanent residents of countries not subject
- to such sanctions; or (ii) to anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals and Blocked
- Persons or the U.S. Commerce Department's Table of Denial Orders.
- By downloading or using the Software, Licensee agrees to the
- foregoing and represents and warrants that it complies with these
- conditions.
-
- MISCELLANEOUS. This Agreement constitutes the entire
- understanding of the parties with respect to the subject matter of
- this Agreement and merges all prior communications,
- representations, and agreements. This Agreement may be modified
- only by a written agreement signed by the parties. If any
- provision of this Agreement is held to be unenforceable for any
- reason, such provision shall be reformed only to the extent
- necessary to make it enforceable. This Agreement shall be
- construed under the laws of Rochester, NY USA,
- excluding rules regarding conflicts
- of law. The application of the United Nations Convention of
- Contracts for the International Sale of Goods is expressly
- excluded.
-
- U.S. GOVERNMENT END USERS. The Software is a "commercial item," as
- that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
- "commercial computer software" and "commercial computer software
- documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
- 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
- through 227.7202-4 (June 1995), all U.S. Government End Users
- acquire the Software with only those rights set forth herein.
-
- LICENSEE OUTSIDE THE U.S. If You are located outside the U.S.,
- then the following provisions shall apply: (i) Les parties aux
- présentés confirment leur volonté que cette convention de même que
- tous les documents y compris tout avis qui síy rattaché, soient
- redigés en langue anglaise (translation: "The parties confirm that
- this Agreement and all related documentation is and will be in the
- English language."); and (ii) You are responsible for complying
- with any local laws in your jurisdiction which might impact your
- right to import, export or use the Software, and You represent
- that You have complied with any regulations or registration
- procedures required by applicable law to make this license
- enforceable.
-
-