This is a legal agreement between you ("End User") and us (WinAbility.Com). By using Folder Guard ("Software" or "Program") you are agreeing to be bound by the terms of this agreement.
The SOFTWARE (including instructions for its use) is provided "AS IS" WITHOUT WARRANTY OF ANY KIND.
WinAbility.Com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.
Contents
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Definitions
Trial use license
Continued use license
Limited distribution license
Limited warranty
DISCLAIMER OF LIABILITY
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Definitions.
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"Evaluation Copy" means a copy of the Program you obtained from us or other source for evaluation purposes and which is described as "Unregistered" in the "About" screen. An Evaluation Copy may be converted to the Licensed Copy by supplying the name of a registered user or institution and a correct Registration Code, which may be obtained from us or our authorized dealer(s).
"Licensed Copy" means a copy of the Program registered with us or with our authorized dealer(s), and which is described as "Registered to: <your name>" in the "About" screen. A Licensed Copy may be converted back into an Evaluation Copy by resetting the user registration information.
"Registration Package" means all the materials you are obtaining from us or our authorized dealer after sending us your registration fee. In particular, Registration Package contains your personal Registration Code, allowing you to remove the registration reminder message and put your name in the "About" screen.
Grant of license.
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WinAbility.Com grants to you the right to use the Software under the terms of this agreement. The software is in "use" on a computer when it is loaded into the temporary memory (i.e., RAM) of that computer.
This software is NOT a public domain or free program. It is owned by WinAbility.Com and is protected by the United States and international copyright laws. Therefore, you must treat the Software like any other copyrighted material except that a limited right to make copies of the Software, subject to conditions of this license agreement, is granted to you. You may not copy any written or printed materials from your Registration Package and you may not rent or lease a Licensed Copy of the Software.
TRIAL USE LICENSE
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WinAbility.Com grants to you a limited license to use an Evaluation Copy of this software for evaluation purposes for a period not to exceed 14 days.
This period may be not a contiguous sequence of days. However, you should count a day as an evaluation day if you used the Program during that day at least once. The purpose of this evaluation period is to allow you to determine whether the program meets your needs before purchasing it.
Once the evaluation period has ended, you MUST either purchase a license for continued use of the program, or stop using it. Use of an Evaluation Copy beyond the end of the evaluation period without registering it is in violation of federal copyright laws.
If you have sent out your registration fee, you may continue to use your Evaluation Copy beyond the end of the evaluation period until your Registration Package arrives.
Obtaining a license for continued use of the Program.
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To obtain a license for continued use of the Software, you should send your name, address, and correct amount of the registration fee to our authorized dealer. After getting your Registration Acknowledgement, containing the Registration Code assigned to you, you may use that code to convert your Evaluation Copy of the Software into the Licensed one.
You agree to keep the Registration Code for your own use only and not share it with anybody else.
CONTINUED USE LICENSE
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WinAbility.Com grants to you the right to use a Licensed Copy of the software, if you have registered (purchased a license for continued use) it with us or with our authorized dealer. You may not use a registration code to convert an evaluation version of the software into the registered one, if you have obtained the registration code from any source other than us or our authorized dealer.
If the Licensed Copy you are using is registered to some other name, you MUST either unregister it by removing the registration information, or stop using it. Use of a Licensed Copy, registered to anybody else except you (or, for site license arrangements, to your organization), is in violation of copyright laws.
You may not network a Licensed Copy or otherwise use it on more than one computer or computer terminal at the same time unless you have purchased a site license.
If you have registered the Software for use on multiple computers, you agree not to use the Program on more computers than the number specified in your site license. You may install the Program on computers attached to a network, or remove it from one computer and install it on a different one, provided there is NO POSSIBILITY that your copy will be installed or used on more computers than it is licensed for. If you have a network, you don't need to include every computer attached to the network in your license, but you must include every computer on which the Program is installed or used, regardless of whether the user of the computer happens to know that the Program is in use on their system. If you have single computers which allow multiple users to use the Program simultaneously, you must count each keyboard or terminal separately when determining how many computers are using the Program.
LIMITED DISTRIBUTION LICENSE
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You may make as many copies of the Program as you wish, give it to others, upload it to any on-line service, BBS, FTP, or WWW site worldwide, include it in software collections such as CD-ROM disks, distribute it through Disk-of-the-Month (or Subscription) Distribution, and distribute it in any other possible way, as long as you:
- do not share a Registration Code with anyone else and do not make copies of any printed materials accompanying your Licensed Copy, if the copy you use is a Registered Copy;
- include ALL of the UNMODIFIED files, as listed in the VENDINFO.DIZ file included with your copy. If any of the files or the VENDINFO.DIZ file itself is missing, you should contact us, or the dealer you obtained the Program from, to receive the complete set of files;
- agree not to sell the Evaluation Copies of the Program or distribute them to others for any kind of compensation or fee (small shipping and handling fees are acceptable), unless you are an ASP approved Vendor or you have received written permission from us; and your permission to distribute the Program has not been revoked by us;
- agree to inform the user(s) that the Evaluation Copy is to be used for a time limited evaluation period, and that a license for its continued use must be purchased once the evaluation period has ended;
- do not bundle the Program with any other software without our written permission.
For other cases you must consult the attached data record of the VENDINFO.DIZ file, which is hereby incorporated by reference. Any distribution satisfying all the distribution requirements expressed in that data record is hereby authorized.
Permission to distribute the Software package is not transferable, assignable, saleable, or franchisable. Each vendor wishing to distribute the package must independently satisfy the terms of this limited distribution license.
Other restrictions.
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You may not reverse engineer, decompile, or disassemble the Software. You are not allowed to make any modifications to, or to create derivative works from any of the files that are used in this software. This includes all the executable, help, installation, and documentation files, as well as graphics images. Any such unauthorized use shall result in immediate and automatic termination of this license.
LIMITED WARRANTY
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The following limited warranty applies to Licensed Copies of the Program. This warranty does NOT apply to Evaluation Copies of the Program.
Satisfaction Guarantee. If you are dissatisfied with any product you buy from us under this Agreement for any reason, you may return it at any time up to 30 days after purchase and we will give you a refund. Refunds will be based on the price you paid, with shipping costs excluded. You must contact us before returning any product for a refund. This satisfaction guarantee does not apply to multi-system licenses for more than 10 computers, or to purchases of more than 10 individual copies at a time.
Physical Defects. We pledge that the disks, if any, and any printed material we send you will arrive free of physical defects which interfere with normal use. If you find such a defect and report it to us within 30 days after you get your Registered Package, we agree to replace the defective item(s) at no charge to you as long as the defect was not caused by misuse or abuse.
Bugs and Program Errors. We don't promise that the Software will be free of bugs or program errors, and you agree that bugs or program errors will not be considered as "physical defects" in the program. We agree that if you report a program error or bug to us, we will use our best efforts to correct it.
DISCLAIMER OF LIABILITY
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The SOFTWARE (including instructions for its use) is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. WinAbility.Com further DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.
IN NO EVENT SHALL WinAbility.Com, ITS AUTHOR(S), OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF WinAbility.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COPYRIGHT NOTICE. Copyright ⌐ 1997-99 WinAbility.Com. All rights reserved.
TRADEMARKS. Folder Guard, WinAbility.Com and its logo, WinAbility, ChaoSoft, and "The Way Software Should Be!" are trademarks of Andrei Belogortseff. Microsoft and Windows are registered trademarks of Microsoft Corp. All other product names may be trademarks of their respective owners.
Conclusion
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All rights not expressly granted here are reserved to WinAbility.
