This End-User License Agreement ("EULA") is a legal agreement between you an individual or a single entity) and Software Vision for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
ACKNOWLEDGEMENTS
This License Agreement ("EULA") only pertains to the shareware version of "Envision Publisher". A separate License Agreement covers "Envision Publisher Plus" and "Envision Publisher Pro".
* "Try-Before-You-Buy" and "Shareware"
Software Vision markets three different variations of "Envision Publisher": "Envision Publisher Plus", "Envision Publisher Pro", and the shareware version of "Envision Publisher". Of these three, only the shareware version of "Envision Publisher" is distributed as what is known as "try-before-you-buy", or "shareware" software, meaning that the shareware version of "Envision Publisher" is meant as a promotional vehicle for the other two variations of Envision Publisher. Consequently, the shareware version of "Envision Publisher" can be freely copied and shared with others, provided that the software is kept in its entirety and without any modifications. On the other hand, "Envision Publisher Plus" and "Envision Publisher Pro" cannot be copied or shared with others, nor can be copied or shared any registration, activation, or upgrade codes pertaining to "Envision Publisher Plus" or "Envision Publisher Pro".
* Promotional Vehicle
Since the shareware version of "Envision Publisher" is a promotion vehicle for the other two variations of "Envision Publisher", the use of this software by you is meant only to help you decide whether or not the product is of use of you. Once you have decided that the product is of use, you must register for "Envision Publisher Plus" or "Envision Publisher Pro".
* Registration
To register the shareware version of "Envision Publisher" and thus upgrade to either "Envision Publisher Plus" or "Envision Publisher Pro", select "How to register" from the Help menu in the software. Or, you may contact us via one of the methods described at the end of this document.
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:
* Install and Use
You may install and use the SOFTWARE PRODUCT on as many computers, networks, workstations, terminals or other digital electronic devices ("COMPUTERS").
* Share with other Users
You may copy and share this SOFTWARE PRODUCT (the shareware version of "Envision Publisher") with as many people as you wish, provided that the software is kept in its entirety and without any modifications. You may also make this SOFTWARE PRODUCT (the shareware version of "Envision Publisher") available through electronic means, such as the Internet, World-Wide-Web, BBSs, etc.
* Sale of this SOFTWARE PRODUCT
If you are a disk vendor in the business of selling shareware disks or CD-ROMs, you may charge a small distribution cost for selling copies of the shareware version of "Envision Publisher". However, because the shareware version of "Envision Publisher" is a promotional vehicle for the other two variations of Envision Publisher, the goal is to keep the price of the shareware version of "Envision Publisher" as low as possible, and thus enable as many end-users as possible to evaluate the product with minimum of investment. Concequestly, you may not charge more than 10 (ten) U.S. Dollars for the distribution or sale of the shareware version of "Envision Publisher".
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Activation Codes
If you received a registration or activation or upgrade code from Software Vision for SOFTWARE PRODUCT, you may not share, sell, or give away this code with another person. Any such codes must be kept confidential. The shareware version of "Envision Publisher" does not need registration or activation codes to operate. Only "Envision Publisher Plus" and "Envision Publisher Pro" need such codes.
* Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
* Separation of Software Components.
This SOFTWARE PRODUCT is licensed as a single product. Its components may not be separated for use on more than one computer.
* Trademarks.
This EULA does not grant you any rights in connection with any trademarks or service marks of Software Vision.
* Termination.
Without prejudice to any other rights, Software Vision 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 and all of its component parts.
3. COPYRIGHT.
All title and intellectual property rights in and to the SOFTWARE PRODUCT are owned by Software Vision or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Software Vision.
4. 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 Software Vision, 470 12th Ave. North, St. Petersburg, FL 33701, U.S.A.
5. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (1) to any country to which the U.S. has embargoed or restricted the export of goods or services; (2) to any end-user who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (3) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
LIMITED WARRANTY
* Limited Warranty
With respect to the physical diskettes and/or CD-ROM and physical documentation, Software Vision warrants the same to be free from defects in materials and workmanship for a period of thirty (30) days from the date of purchase, provided that you purchased these items directly from Software Vision.
* NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE VISION AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
* LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTWARE VISION 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 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SOFTWARE VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SOFTWARE VISIONÆS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (IF YOU PURCHASED THE PRODUCT DIRECTLY FOM SOFTWARE VISION) OR U.S.$5.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TRADEMARKS
Envision Publisher is a trademark of Software Vision. Windows is a trademark of the Microsoft Corporation. All other brand names are trademarks of their respective holders.
CONTACTING SOFTWARE VISION
You may contact Software Vision via these avenues:
