YOU MUST READ AND ACCEPT BOTH SECTION (A) & (B) BEFORE YOU INSTALL & USE THIS SOFTWARE FROM GREEN POINT SOFTWARE UK LTD. IF YOU DO NOT AGREE TO ALL OF THE TERMS, SELECT THE "CANCEL" BUTTON TO EXIT THIS INSTALLATION, AND YOU MAY NOT INSTALL OR USE THE SOFTWARE.
LIMITED WARRANTY. THE ONLY WARRANTY TO THE PRODUCT(S). LICENSOR AND ITS SUPPLIERS DO NOT MAKE, AND HEREBY EXCLUDE, ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). LICENSOR EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS OR NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. LICENSOR AND DO NOT WARRANT THAT THE PRODUCT(S) WILL MEET LICENSEES REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY LICENSEE OR THAT THE OPERATION OF THE PRODUCT(S) WILL BE SECURE, ERROR-FREE OR UNINTERRUPTED AND LICENSOR HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. LICENSOR HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS SET FORTH HEREIN IF LICENSEE SUBJECTS THE MEDIA TO ACCIDENT OR ABUSE; ALTERS, MODIFIES OR MISUSES THE PRODUCT(S). IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES LICENSOR WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD, LICENSOR WILL USE REASONABLE EFFORTS TO CORRECT OR REPLACE PROMPTLY, AT NO CHARGE TO LICENSEES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER, THE EXCLUSIONS OF LICENSOR'S WARRANTY IN THIS LIMITED WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement shall remain in effect until terminated in accordance with this Section or as otherwise provided in this Agreement. Licensee may terminate this Agreement at any time by written notice to Licensor. Upon termination, Licensee shall discontinue use and destroy all disks and softwares that are under this license.
If Licensee is purchasing a license for the Product(s). All fees are exclusive of taxes, withholdings, duties. Licensee shall be responsible for paying all such fees.
Title, ownership rights, and intellectual property rights in the Product(s) shall remain in Green Point Software UK Ltd. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Green Point Softwares ownership of the Product(s). The Product(s) are protected by copyright and other intellectual property laws and by international treaties.
Licensee may not: 1. modify or create any derivative works of any Product or documentation, including translation or localization. 2. decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any Product. 3. redistribute, sell, rent, lease, sublicense the product(s). 4. copy any Product(s) (except for an archival copy which must be stored on media other than a computer hard drive) or documentation. 5. remove or alter any trademark, logo, copyright or other proprietary notices, symbols or labels in the Product(s).
All shareware products that are payed for are non refundable since that gives you the opportunity to try before you buy. This does not apply to products buyed in Computer or Software Stores, then is it the stores refunnd policy that apply.
IN NO EVENT WILL LICENSOR OR ITS RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DIRECT DAMAGES WITH RESPECT SOLELY TO ANY DATABASE PRODUCT PROVIDED WITH THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS BASED UPON ANY CONTRACT. NO EVENT WILL LICENSOR OR ITS RESELLERS BE LIABLE FOR ANY AMOUNTS IN THE AGGREGATE IN EXCESS OF THE LICENSE FEES RECEIVED BY LICENSOR FROM LICENSEE HEREUNDER FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications, whether oral or written. The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.
Since you're about to install a Cydoor enabled application, you must read and accept the following -
Cydoor Technologies Ltd. Software End User License Agreement
By clicking on the "Accept" button, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click the "Do not accept" button.
1. Definitions:
(a) "Cydoor Software" means the software program covered by this Agreement, and all related updates supplied by Cydoor Technologies.
(b) "Cydoor Product" means the Cydoor Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by Cydoor Technologies Ltd (follows: "Cydoor").
Upon acceptance of this agreement, Cydoor Technologies grants to you a non-exclusive license to use the Software, provided that you agree to the following:
2. License Grant:
You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.
You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you make and/or distribute is subject to this Agreement, and the same copyright and other proprietary notices pertaining to this Software that appear in the Software. If you download the Software from the Internet or similar on-line source, you must include the Cydoor copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
This License does not entitle you hard-copy documentation, support or telephone assistance. Cydoor reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.
3. Restrictions:
You may not permit other individuals to use the Software except under the terms listed above. You may not copy the Software other than as specified above. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions). You may not modify, rent, lease, resell for profit, distribute or create derivative works based upon the Cydoor Product or any part thereof. You may not grant a security interest in, or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software.
4. Disclaimer of Warranty:
The software is provided on an "as is" basis, without warranty of any kind from Cydoor, express or implied, including without limitation warranty of merchantability, free of defects, fitness for a particular purpose and non-infringement of third party rights. The entire risk as to the quality and performance of the software is borne by you. Should the software prove defective in any respect, you and not Cydoor or its suppliers assume the entire cost of any service and repair.
This disclaimer of warranty constitutes an essential part of the agreement. No use of the software is authorized hereunder except under this disclaimer.
In no event will Cydoor be liable to you for consequential, incidental, special or exemplary damages arising out of a breach of this agreement or warranty or your use of the software, including but not limited to lost profits or loss of business, even if Cydoor has been apprised of the likelihood of such damages occurring.
Cydoor shall have no obligation to you with respect to any claim of infringement based upon your use of the software in combination, operation or otherwise with the data or materials not supplied by Cydoor.
5. Downloading Additional Software:
In the event that your computer lacks software necessary for the Software to operate, a message will automatically be sent by the Software to Cydoor that additional software is needed. Cydoor will then send you the additional software required for operation of the Software. By accepting this Agreement, you agree that the Software and any additional software needed will be downloaded into your computer.
6. Termination:
This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.
7. Privacy Act:
This Agreement is subject to the Israeli Privacy Act of 1981. Cydoor shall neither attain nor use any of your identifying characteristics. In addition, Cydoor will not obtain any personal information that could identify you including your name, picture or voice in order to match said personal characteristics to the information in the registration form. Nevertheless, by accepting this software, you hereby authorize Cydoor to use the information in your registration form when selecting advertisements for you. Cydoor will use the information in the registration form provided by you solely for the purpose of selecting which commercials may, in Cydoor opinion, interest you most.
By downloading the Cydoor Product, you are confirming your acceptance of the Software and agreeing to be bound by the terms of this Agreement.
8. General:
This Agreement shall be governed by the laws of the State of Israel. This Agreement contains the complete agreement between the parties with respect to the license granted hereunder and supercedes all prior or contemporaneous agreements or understandings, whether oral or written. This Agreement may be amended only by a writing signed by an authorized officer of Cydoor.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner, directly or indirectly, prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
If any provision of this Agreement is held to be void and unenforceable, it will not affect the validity of the balance of the Agreement. Such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Israeli law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise).
Manufacturer:
Cydoor Technologies, 22 Maskit St Hertzelia, Israel.
http://www.cydoor.com
Your acceptance of the foregoing agreement was indicated during installation.
