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eula.txt
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The formal End-User-License-Agreement follows, but first, here is
the "Plain English" version:
If you haven't purchased a key, you can use the software free for
30 days. After that, you need to purchase a key, or else remove
the software from your computer.
If you buy a license, then you can use the software on one computer -
plus one other if you are the primary user. If you have a desktop
and a laptop, and even if they are networked and in use at the same
time, then you don't need to buy another license. But if you want
to run it on 3 computers, or have other users using the other
computers, then you DO need to buy additional licenses. And you
need to notify us if you are transferring (selling, giving) your
license to someone else.
That's basically it - thanks for reading this far. If you want to
read the whole thing, here's what our lawyer wrote:
SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT
THORNSOFT DEVELOPMENT, INC. ("Thornsoft") IS WILLING TO LICENSE
THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS
CAREFULLY. BY CLICKING ON "ACCEPT" AND/OR INSTALLING THE
SOFTWARE, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO
NOT AGREE WITH THESE TERMS, THEN THORNSOFT IS UNWILLING TO LICENSE
THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT PROCEED WITH
INSTALLING THE SOFTWARE.
1. The Software. The Software licensed under this Agreement
consists of computer programs, data compilation(s), and
documentation referred to as ClipMate, version 7 (the
"Software").
2. Perpetual Term. The term of the license granted herein shall
be perpetual unless terminated by written notice by You for
convenience or terminated by either party for material breach.
Immediately upon termination of this license for any reason, You
shall return to Thornsoft all copies of the Software and
documentation.
3. License Grant.
3.1 Evaluation Version License Grant. If You have
downloaded or otherwise received an evaluation version of the
Software, You are authorized to use the Software on a royalty-free
basis for evaluation purposes during the initial evaluation period
of thirty (30) days. During the evaluation period, You may copy
the Software for archival purposes, provided that any copy must
contain the original Software's proprietary notices in unaltered
form, and. you may distribute and/or transmit as many copies to
others as You wish. You have the option to register for full use
of the Software at any time during the evaluation period by
following the instructions in the accompanying documentation,
including the payment of the required license fee. Registration
will authorize You to use an unlocking key which will convert the
Software to full use, in accordance with the terms and conditions
provided below. Your use of the Software for any purpose after
the expiration of the initial evaluation period is not authorized.
Upon expiration of the limited evaluation period, the Software may
automatically disable itself.
3.2 Registered Version License Grant for Single Copies (Non-
Network Use).
3.2.1 Outside of India, if You are a registered user of the
Software, You are granted non-exclusive rights to install and
use the Software in accordance with either one of the following
authorized uses, but not both: (i) by a single person who uses
the Software only on up to two computers or workstations.
or (ii) as installed on any single computer or workstation,
provided the single computer or workstation is used non-simultaneously
by multiple persons. You may copy the Software for archival
purposes, provided that any copy must contain the original
Software's proprietary notices in unaltered form.
3.2.2 Within India, if You are a registered user of the Software,
You are granted non-exclusive rights to
install and use the Software on only one computer. You may
copy the Software for archival purposes, provided that any
copy must contain the original Software's proprietary notices
in unaltered form.
3.3 Registered Version License Grant For Network Use. If
You are a registered user of the Software, You are granted non-
exclusive rights to install and use the Software and/or transmit
the Software over an internal computer network, provided You
acquire and dedicate a licensed copy of the Software for each user
who may access the Software concurrently with any other user. You may
copy the Software for archival purposes, provided that any copy
must contain the original Software's proprietary notices in
unaltered form.
3.4 Purchase of Additional Licenses. Registered users of
the Software may purchase license rights for additional authorized
use of the Software in accordance with Thornsoft's then-current
volume pricing schedule. Such additional licenses shall be
governed by the terms and conditions hereof. You agree that,
absent Thornsoft's express written acceptance thereof, the terms
and conditions contained in any purchase order or other document
issued by You to Thornsoft for the purchase of additional
licenses, shall not be binding on Thornsoft to the extent that
such terms and conditions are additional to or inconsistent with
those contained in this Agreement.
4. Restrictions. You may not: (i) permit others to use the
Software, except as expressly provided above for authorized
network use; (ii) modify or translate the Software; (iii) reverse
engineer, decompile, or disassemble the Software, except to the
extent this restriction is expressly prohibited by applicable law;
(iv) create derivative works based on the Software; (v) merge the
Software with another product; (vi) copy the Software, except as
expressly provided above; or (vii) remove or obscure any
proprietary rights notices or labels on the Software.
5. Transfers. You may not transfer the Software or any rights
under this Agreement without the prior written consent of
Thornsoft, which consent shall not be unreasonably withheld. A
condition to any transfer or assignment shall be that the
recipient agrees to the terms of this Agreement. Any attempted
transfer or assignment in violation of this provision shall be
null and void.
6. Ownership. Thornsoft and its suppliers own the Software and
all intellectual property rights embodied therein, including
copyrights and valuable trade secrets embodied in the Software's
design and coding methodology. The Software is protected by
United States copyright laws and international treaty provisions.
This Agreement provides You only a limited use license, and no
ownership of any intellectual property.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. THORNSOFT PROVIDES
THE SOFTWARE "AS-IS." NEITHER THORNSOFT NOR ANY OF ITS SUPPLIERS
OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
THORNSOFT AND ITS SUPPLIERS SPECIFICALLY OR RESELLERS DISCLAIM THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR
GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE
WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU
ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE
SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER. To the extent that this
Warranty Statement is inconsistent with the jurisdiction where You
use the Software, the Warranty Statement shall be deemed to be
modified consistent with such local law. Under such local law,
certain limitations may not apply, and you may have additional
rights which vary from jurisdiction to jurisdiction. For example,
some states in the United States and some jurisdictions outside
the United States may: (i) preclude the disclaimers and
limitations of this Warranty Statement from limiting the rights of
a consumer; (ii) otherwise restrict the ability of a manufacturer
to make such disclaimers or to impose such limitations; or (iii)
grant the consumer additional legal rights, specify the duration
of implied warranties which the manufacturer cannot disclaim, or
prohibit limitations on how long an implied warranty lasts.
Technical Support. Registration and payment in full of license
fees entitles You to limited technical support for ninety (90)
days from registration in accordance with the terms and conditions
of Thornsoft's Internet website as indicated under the Help file
for the Software.
INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO
LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR
STRICT PRODUCTS LIABILITY, SHALL THORNSOFT OR ANY OF ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF
COMMERCIAL DAMAGE, EVEN IF THORNSOFT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY
APPLICABLE LAW.
IN NO EVENT SHALL THORNSOFT'S CUMULATIVE AGGREGATE LIABILITY FOR
ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR
THE SOFTWARE.
EXPORT CONTROLS. You agree to comply with all export laws and
restrictions and regulations of the United States or foreign
agencies or authorities, and not to export or re-export the
Software or any direct product thereof in violation of any such
restrictions, laws or regulations, or without all necessary
approvals. As applicable, each party shall obtain and bear all
expenses relating to any necessary licenses and/or exemptions with
respect to its own export of the Software from the U.S. Neither
the Software nor the underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions covering the Software, to
individuals or entities controlled by such countries, or to
nationals or residents of such countries other than nationals who
are lawfully admitted permanent residents of countries not subject
to such sanctions; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals and Blocked
Persons or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, Licensee agrees to the
foregoing and represents and warrants that it complies with these
conditions.
MISCELLANEOUS. This Agreement constitutes the entire
understanding of the parties with respect to the subject matter of
this Agreement and merges all prior communications,
representations, and agreements. This Agreement may be modified
only by a written agreement signed by the parties. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be
construed under the laws of Rochester, NY USA,
excluding rules regarding conflicts
of law. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly
excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as
that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire the Software with only those rights set forth herein.
LICENSEE OUTSIDE THE U.S. If You are located outside the U.S.,
then the following provisions shall apply: (i) Les parties aux
présentés confirment leur volonté que cette convention de même que
tous les documents y compris tout avis qui síy rattaché, soient
redigés en langue anglaise (translation: "The parties confirm that
this Agreement and all related documentation is and will be in the
English language."); and (ii) You are responsible for complying
with any local laws in your jurisdiction which might impact your
right to import, export or use the Software, and You represent
that You have complied with any regulations or registration
procedures required by applicable law to make this license
enforceable.