End User License for GIF Construction Set Professional ("the software")
This is a legal agreement between you (either an individual or on behalf of an organization) and Alchemy Mindworks Inc. for the software identified in the title of this document. By installing, copying, or otherwise using the software, you undertake that you have read and understood this agreement in its entirety and that you undertake to be bound by the terms of this agreement.
The lawyers made us say that.
Click on I Agree to indicate your acceptance of these terms. Click on I Do Not Agree to terminate this installation.
This document includes descriptions of some of its clauses, enclosed in square brackets. These are provided for your convenience, and are not to be considered part of the agreement.
1. Shareware evaluation of the software.
[ You agree to use the unregistered shareware solely for evaluation. ]
If you have not paid to Alchemy Mindworks Inc. the specified license fee for the software, you undertake that you are installing it to be used solely as an evaluation copy. As an evaluation copy, you agree to only use the software to the extent required to ascertain whether the software is suitable for your applications. You further agree that you will do no productive work with copies of the software for which the specified license fee has not been paid. At such time as you have concluded your evaluation of the software, you will either pay the license fee for the software to Alchemy Mindworks Inc. or delete the software in its entirety and any copies thereof.
2. Payment of registration fee
[ You agree to be certain the shareware is what you need before you pay for it.]
You undertake that upon payment of the registration fee for this software, you have evaluated the software and ascertained that it is suitable for your applications. You agree that shareware registration fees are not refundable for any reason, and that orders for registered shareware may not be cancelled once they are placed.
3. Terms of license
[ Upon registering the software, you have the right to use it on one computer and to make and distribute all the files you wish. ]
This software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This software is licensed, not sold. At such time as the license fee for the software has been paid to Alchemy Mindworks Inc., this agreement grants you the following rights:
a. The single, nonexclusive license to use one copy of the software for the sole purposes specified in the documentation for the software.
b. The right to distribute files created by the software in any manner you see fit, without payment of further royalties or fees to Alchemy Mindworks Inc. You may be required to compensate the owners of copyrighted images or other intellectual property embodied within the files you create through the use of the software. You agree to hold Alchemy Mindworks and its suppliers free of any costs so incurred. In distributing files created by the software, you agree to not use Alchemy Mindworks' name, logo, or trademarks to market any product which the files are included in or otherwise associated with; and to indemnify, hold harmless, and defend Alchemy Mindworks and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of files created by the software.
The license for the use of the software shall be considered null and void upon violation of any terms of this agreement.
4. Reverse engineering
[ You agree not to try to take the software apart to see how it works. ]
You agree not to 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.
5. Separation of components.
[ You agree not to run the parts of the software on different machines. ]
The software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
6. Rental and distribution
[ You agree not to lend or rent the registered software, and to only share unmodified copies of the shareware. ]
You agree not to rent, lease, or lend registered copies of the software. You may freely distribute complete and unmodified copies of the shareware distribution archive of the software, under the conditions that no attempt is made to modify the software or its distribution archive; that the software is not distributed in conjunction with another product unless you have obtained written and explicit permission from Alchemy Mindworks to do so; that no more than the reasonable cost of media and labor be charged for the distribution of the software as shareware; that the software be clearly identified as shareware; that no form of registration code or software to generate same be distributed in conjunction with the software.
7. Support services.
[ You understand that Alchemy Mindworks is not required to provide you with support for the software. ]
You agree that Alchemy Mindworks does not undertake to support the software, and the registration fee for the software does not include payment for support of any kind. Alchemy Mindworks may at its discretion provide you with support services related to the software.
8. Upgrades
[ You understand that upgrades are not included in the registration fee for the software. ]
You agree that the registration fee for the software does not include payment for any upgrades to the software. Alchemy Mindworks may, at its discretion, provide upgrades at no cost or in compliance with an upgrade fee schedule. Any upgrades to the software carry the same license terms as this installation unless they are superceded by a newer license agreement.
9. Copyright
[ You understand that the software is a copyrighted entity, subject to all applicable copyright laws. ]
You agree that all title and copyrights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the software or distributed in conjunction with the software), the accompanying printed materials, and any copies of the software are owned by Alchemy Mindworks and/or its suppliers. The software is protected by copyright laws and international treaty provisions.
10. Warrantee
[ Alchemy Mindworks does not accept responsibility for any expense caused by your use of the software. ]
Alchemy Mindworks makes no warrantee as to the functionality or suitability of the software. You agree to accept sole and complete responsibility for any loss, damage or expense caused to you or to third parties as a result of your use of the software, and to indemnify, hold harmless, and defend Alchemy Mindworks and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use of the software.
This agreement 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.
