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- Adios Pop-Ups Freeware License Agreement
- 3/22/2003
-
-
- ATTENTION: READ CAREFULLY: By using, copying, or distributing the
- accompanying software you indicate your acceptance of the following
- Adios Pop-Ups Freeware License Agreement ("Agreement").
-
- 1. LICENSE. Adios Pop-Ups hereby grants you (each licensee is
- addressed as "you") a non-exclusive, transferable license to use
- its software product and accompanying documentation (the program's
- object code and documentation are collectively referred to as the
- "Software") on the following terms and only for non-commercial
- purposes (see Section 2 below). You may:
-
- a. use the Software on any computer in your possession;
-
- b. make copies of the Software; and
-
- c. distribute the Software (subject to the requirements of Section
- 3 below) only in the form originally furnished by Adios Pop-Ups with no
- modifications or additions whatsoever. If you have the slightest
- doubt that your copy of the Software is not original, you must
- contact Adios Pop-Ups for an original copy.
-
-
- 2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject
- to the following restrictions:
-
- a. The Software is to be used only for non-commercial purposes
- unless you obtain Adios Pop-Ups prior written consent. Prohibited
- commercial purposes include, but are not limited to:
-
- (i) Selling, licensing or renting the Software to third parties
- for a fee (by payment of money or otherwise, whether direct or
- indirect);
-
- (ii) Using the Software to provide services or products to others
- for which you are compensated in any manner (by payment of money
- or otherwise, whether direct or indirect), including, without
- limitation, providing support or maintenance for the Software;
-
- (iii) Using the Software to develop a similar application on any
- platform for commercial distribution; or
-
- (iv) Using the Software in any manner that is generally
- competitive with a Adios Pop-Ups product as defined by Adios Pop-Ups.
-
- b. However, media costs associated with the distribution of the
- Software may be recovered. You shall use your best efforts to
- promptly notify Adios Pop-Ups upon learning of any violation of the above
- commercial restrictions.
-
- c. On each copy of the Software you must conspicuously and
- appropriately reproduce Adios Pop-Ups copyright notices (see Software for
- examples of such notices) and disclaimer of warranty; keep intact
- this Agreement and all notices that refer to this Agreement or any
- absence of warranty (whether written or interactively displayed);
- and give any other recipients of the Software a copy of this
- Agreement.
-
- d. You may not modify, combine other commercial applications with,
- or otherwise prepare derivative works of the Software.
-
- e. In order to preserve the value of the Adios Pop-Ups name and/or any
- trademarks, service marks, trade dress adopted and/or used by Adios Pop-Ups
- from time to time, you shall not make use of any of them for any
- reason (e.g., with respect to an Additional File, in advertising,
- marketing your own products, press releases, or other publicity)
- except solely as may be expressly authorized by this Agreement or
- by the prior written consent of Adios Pop-Ups.
-
- f. Adios Pop-Ups, in its sole and absolute discretion, may have included a
- portion of the source code or online documentation of the
- Software. Except for any such portions, you shall not REVERSE
- ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION
- OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent
- this restriction is prohibited by applicable law.
-
- 3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
- its variants) includes making the Software available (either
- intentionally or unintentionally) to third parties for copying or
- use, including providing timeshare access. Each time you distribute
- the Software, the recipient must expressly agree to comply with
- these terms and conditions. The recipient automatically receives
- this license to use, copy, or distribute the Software subject to
- these terms and conditions. You may not impose any further
- restrictions on the recipients' exercise of the rights granted
- herein. You are not responsible for enforcing compliance with this
- Agreement by recipients.
-
- 4. TITLE. Title, ownership rights, and intellectual property rights in
- and to the Software, and each copy thereof (including all
- copyrights therein), shall remain in Adios Pop-Ups. The Software is
- protected by the copyright laws of the United States and
- international copyright treaties.
-
- 5. NO Adios Pop-Ups OBLIGATION. You are solely responsible for all of your
- costs and expenses incurred in connection with the distribution of
- the Software, and Adios Pop-Ups shall have no liability, obligation or
- responsibility therefor. Adios Pop-Ups shall have no obligation to provide
- maintenance, support, upgrades or new releases to you or to any
- distributee of the Software.
-
- 6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
- NO WARRANTY FOR THE SOFTWARE. Adios Pop-Ups PROVIDES THE SOFTWARE "AS IS,"
- AND Adios Pop-Ups, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS
- WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF
- THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND,
- EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT
- NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF
- MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR
- PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE
- OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE
- SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT Adios Pop-Ups)
- ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- Adios Pop-Ups MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL
- PROPERTY RIGHTS OF THIRD PARTIES.
-
- 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
- THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Adios Pop-Ups, ITS DISTRIBUTORS
- AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE
- CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU
- OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL,
- INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER
- ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
- SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF
- PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING
- RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY
- OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS
- INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF Adios Pop-Ups HAS BEEN
- INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 8. INDEMNIFICATION. You and your distributees shall defend, indemnify
- and hold harmless Adios Pop-Ups, its distributors and suppliers, and all
- other persons who have been involved in the creation, production,
- or delivery of the Software, from any claim, demand, liability,
- damage award, suit, judgment, or other legal action (including
- reasonable attorney's fees) arising out of your use, distribution,
- modification, or duplication of the Software.
-
- 9. TERMINATION. The license granted hereunder is effective until
- terminated by Adios Pop-Ups. You may terminate it at any time by destroying
- the Software. This license will terminate automatically if you fail
- to comply with the limitations described above. On termination, you
- must destroy all copies of the Software. The termination of your
- license will not result in the termination of the licenses of any
- distributees who have received rights to the Software through you
- so long as they are in compliance with the provisions of this
- Agreement.
-
- 10. EXPORT CONTROLS. None of the Software or underlying information or
- technology may be downloaded or otherwise exported or re-exported
- into (or to a national or resident of) any country in violation of
- the laws and administrative regulations of the United States
- relating to the control of exports of commodities and technical
- data. By downloading or using the Software, you are agreeing to
- the foregoing and you are representing and warranting that you are
- not located in, under the control of, or a national or resident of
- any such country.
-
- 11. U. S. GOVERNMENT USE. The Software and any accompanying
- documentation are deemed to be "commercial computer software" and
- "commercial computer software documentation," respectively,
- pursuant to DFAR Section 227.7202 and FAR Section 12.212, as
- applicable. Any use, modification, reproduction, release,
- performing, displaying or disclosing of the Software and
- accompanying documentation by the U.S. Government shall be
- governed solely by the terms of this Agreement and shall be
- prohibited except to the extent expressly permitted by the terms
- of this Agreement.
-
- 12. MISCELLANEOUS. This Agreement represents the complete agreement
- concerning this license between the parties and supersedes all
- prior agreements and representations between them. It may not be
- amended. If any provision of this Agreement is held to be
- unenforceable for any reason, this Agreement shall terminate. This
- Agreement shall be governed by and construed under California law
- as such law applies to agreements between California residents
- entered into and to be performed within California, except as
- governed by U.S. federal law. The application of the United
- Nations Convention on Contracts for the International Sale of
- Goods is expressly excluded. Address all correspondence regarding
- this license to:
-
- Adios Pop-Ups
- support@adiospopups.com
-
-
- Copyright and Trademark Notices:
- --------------------------------
- The Software is Copyright (c) Adios Pop-Ups 2003. All rights
- reserved. The documentation and all computer files are also Copyright
- (c) Adios Pop-Ups 2003. All rights reserved. These rights include
- but are not limited to any foreign language translations of the manual
- or the software, and all derivative works of both. The trademarks
- Adios Pop-Ups are the property of Adios Pop-Ups. All
- other trademarks are the property of their respective owners.
-