|
Apocgraphy ShoqBox
Buddy License and Legal Information.
This Software Distribution
Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT
between you, and the author: Sean Kahil (hereinafter referred to
as the "AUTHOR") for use and distribution the computer software
program entitled "ShoqBox Buddy" (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes
the terms and conditions by which AUTHOR will license other parties
to use or distribute the SOFTWARE which is intended solely for use
and distribution as SHAREWARE. No use, distribution or reproduction
of the SOFTWARE or copies of the SOFTWARE is authorized except in
compliance with the terms and conditions herein. Distribution of
the SOFTWARE in accordance with the provisions of this Software
License Agreement is encouraged.
You should carefully
read the following terms and conditions before installing or using
this SOFTWARE. Unless you have a different license AGREEMENT signed
by AUTHOR, your installation, use or distribution of this SOFTWARE
indicates your acceptance of this license AGREEMENT.
If you do not agree to
the terms of this agreement, do not install SOFTWARE and delete
any portions of SOFTWARE already installed on your disk drive.
1. License
AUTHOR hereby grants
you a nonexclusive license to install and use SOFTWARE in machine-readable
form on a single computer for use by a single individual.
2. Terms and Conditions
You may not charge for
the provision or use of SOFTWARE without the written permission
of AUTHOR.
You may not bundle any
other software, products or services with SOFTWARE without the written
permission of AUTHOR.
AUTHOR reserves the right
to exclude anyone from using SOFTWARE.
AUTHOR retains all right,
title, and interest in and to the SOFTWARE, and any rights not granted
to you herein are reserved by AUTHOR.
You may not reverse engineer,
disassemble, decompile, or translate the Software, or otherwise
attempt to derive the source code of the Software, except to the
extent allowed under any applicable law. If applicable law permits
such activities, any information so discovered must be promptly
disclosed to AUTHOR and shall be deemed to be the confidential proprietary
information of AUTHOR.
AUTHOR shall be credited
as the owner of the SOFTWARE in all distribution of the SOFTWARE.
AUTHOR is the exclusive worldwide licenser of the SOFTWARE, and
the copyrights and other proprietary rights therein. You may copy
and/or distribute the SOFTWARE only in its original, unaltered form,
as a single installation executable.
You may not use, copy,
modify, distribute or transfer the SOFTWARE or any element thereof
in whole or in part, except as expressly provided for herein.
You may not sell, rent
or lease the SOFTWARE to any other party.
AUTHOR reserves the right
to modify the behavior and/or update the contents of the SOFTWARE
and its associated files, documentation and/or other elements, at
its discretion from time to time, without the consent of, or any
obligation to, any licensed users or distributors.
If any provision of
this AGREEMENT is held to be void, invalid or unenforceable, it
will not affect the validity of the balance of this AGREEMENT, which
shall remain valid and enforceable according to its terms and conditions.
3. Disclaimer of Warranty
NO WARRANTY. THE SOFTWARE
IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER
EXPRESS, IMPLIED OR STATUTORY. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary between jurisdictions.
4. Limitation of Liability
You agree that your exclusive
remedy against AUTHOR, its and agents of AUTHOR for loss or damage
caused by any defect or failure in SOFTWARE regardless of the form
of action, whether in contract, tort, including negligence, strict
liability or otherwise, shall be the return of the purchase price
paid to AUTHOR, if any, or replacement of SOFTWARE. This agreement
shall be construed in accordance with and governed by the laws of
the Province of British Columbia. In any case, AUTHOR shall not
be liable for loss of data, loss of profits, lost savings, special,
incidental, consequential, indirect or other similar damages arising
from breach of warranty, breach of contract, negligence, or other
legal theory even if AUTHOR or its agent has been advised of the
possibility of such damages, or for any claim by any other party.
BY USING AND/OR INSTALLING
THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS
AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES
AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN
AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
|