This licence statement and limited warranty constitutes a legal agreement ("Licence Agreement") between "you" (either as an individual or a single entity) and "Ugly Fruit Group" for the software product ("UF AutoRun Creator"), including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENCE AGREEMENT.
Upon your acceptance of the terms and conditions of the Licence Agreement, Ugly Fruit Group grants you the right to use the Software in the manner provided below. If you do not agree to be bound by all of the terms of this Agreement,
Ugly Fruit Group will not grant you any rights to use the Software and you must not use the Software; instead you must promptly remove the Software from your computer.
This Software is and shall remain a proprietary product owned by Ugly Fruit Group and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. Ugly Fruit Group shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets and other proprietary rights relating to or residing in the Software. You shall have no
right, title or interest in or to the Software except for the licence grant provided. The Software is licenced, not sold, to you for use only under the terms of this Agreement.
If you have received an upgrade version of the Software, it constitutes a single product with the Ugly Fruit Group software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the Licence
Agreement.
This freeware version of the Software may be copied and distributed via any means, including web sites, email, public software archives, CD-ROM and so on. No permission is necessary. The Software and all accompanying files must be included in the distribution and must not be modified in any way. You may include additional files with the distribution provided that you follow all conditions of the Licence Agreement.
LIMITED WARRANTY
Ugly Fruit Group warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days.
Ugly Fruit Group's and its suppliers' entire liability and your exclusive remedy shall be, at Ugly Fruit Group's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Ugly Fruit Group's Limited
Warranty and which is returned to Ugly Fruit Group with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE OBTAINED A RETURN AUTHORIZATION NUMBER FROM UGLY FRUIT GROUP.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Ugly Fruit Group are available without proof of purchase.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UGLY FRUIT GROUP DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UGLY FRUIT GROUP 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 PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF UGLY FRUIT GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, UGLY FRUIT GROUP'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS LICENCE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. HOWEVER, IF YOU HAVE ENTERED INTO AN UGLY FRUIT GROUP SUPPORT SERVICES AGREEMENT, UGLY FRUIT GROUP'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring failsafe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Ugly Fruit Group specifically disclaim any express or implied warranty of fitness for High Risk Activities.
TERMINATION
You may terminate this Agreement at any time. This Agreement shall terminate automatically upon your breach of any term of this Agreement. Upon termination, you shall destroy the Software and the backup copy, if any, you made pursuant to the Agreement. All other sections of this licence shall survive any termination of this Agreement.
GENERAL PROVISIONS
This Licence Agreement may only be modified in writing signed by you and an authorised officer of Ugly Fruit Group. All terms of any purchase order or other ordering document shall be superseded by this Licence Agreement. If any provision
of the Licence Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Licence Agreement shall remain in effect.
Ugly Fruit Group reserves all rights not specifically granted in this Licence Agreement.
