End user agreement for DotFix NiceProtect
SINGLE USER SOFTWARE LICENSE AND LIMITED WARRANTY
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
This license agreement covers your use of the DotFix NiceProtect, its documentation and executable files, hereinafter referred to as "Product". The Product is Copyright © Sergey Chubchenko, hereinafter referred to as "Developer". You may use it and distribute it according to this following License Agreement. If you do not agree with these terms, please remove the Product from your system. By incorporating the Product in your work or distributing the Product to others you implicitly agree to these license terms. The Product is, and remains, Copyright © Sergey Chubchenko.
The Product is distributed as try-before-you-buy product. This means:
1. All copyrights to Product are exclusively owned by the author - Sergey Chubchenko. Product is protected by copyright laws. At all times Developer retains full title to the software. Subject to your acceptance of and accordance with the terms and conditions stated in this agreement, you shall be granted a single-user software license. Any previous agreement with Developer is superseded by this agreement.
2. Anyone may use trial version of Product as long as you want. To use full version of Product, you MUST register.
3. The Product unregistered trial version, may be freely distributed, with exceptions noted below, provided the distribution package is not modified. No person or company may charge a fee for the distribution of Product without written permission from the copyright holder. The Product unregistered trial version may not be bundled or distributed with any other package without written permission of the copyright holder.
REGISTER THIS SOFTWARE LICENSE GIVES YOU THE RIGHT TO:
1. Install and use the Product for the sole purposes of protecting your applications. You may install a copy of the Product on a computer and freely move the Product from one computer to another, provided that you are the only individual using the Product. If you are an entity, you must designate one individual within your organization ("Named User") to have the right to use the Product.
2. Make one copy of the Product for backup or archival purposes or copy the Product to a single permanent storage medium provided you keep the original solely for backup or archival purposes.
3. Technical support and notifications on those new versions Product, which can upgrade with no additional payment.
4. The registered Product may not be rented or leased, but may be permanently transferred, if the person receiving it agrees to terms of this license. If the software is an update, the transfer must include the update and all previous versions.
ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE SOFTWARE LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION, DEVELOPER MAY PURSUE CRIMINAL, CIVIL, OR ANY OTHER AVAILABLE REMEDIES.
1. Distribution of any files contained in this software package.
2. Modification, decompilation, disassembly, reverse engineering or translation of the Product.
3. Removal of proprietary notices, labels or marks from the Product or Product Documentation.
4. Creation of an application that does not differ materially from the Product
PRODUCT IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. DEVELOPER WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISSING THIS PRODUCT
TERM AND TERMINATION
The license granted under this Agreement will continue in force until terminated, as set forth herein. If Licensee fails to pay any monies or provide any services due in connection with the Product, or violates any term or condition of this Agreement, Developer or its agent may terminate this License immediately by giving notice of termination to Licensee. Licensee is responsible for providing valid contact information to Developer. If no valid contact information is available for Licensee in Developer' records, Developer is not required to give notice of termination to Licensee. Licensee also may terminate this License voluntarily by giving notice of termination to Developer and destroying or returning to Developer all copies of all or any part of the Product and related user documentation in Licensee's possession or under Licensee's control.
EFFECT OF TERMINATION
Immediately upon termination, Licensee will destroy or return to Developer all copies of all or any part of the Product in Licensee's possession or under Licensee's control. Licensee will have no right to keep or use any copy of the Product and related user documentation for any purpose after termination of this Agreement.
TRANSFER OF PRODUCT
Licensee shall not have the right to transfer this Product license, without the prior written consent of Developer.
Developer warrants the Product to conform to the description of its function and performance. In the event that the Software does not perform in accordance with this warranty, Developer agrees to repair or fix any non-conformity free of charge, or to refund any amount paid by Licensee for the Product. Product that does not perform in accordance with its description due to one or more of the following causes will not be covered by this warranty: (i) The Product or related files are changed by anyone other than Developer, or (ii) if the Product is custom Product developed for Licensee, the custom Product is installed by anyone other than Developer.
In the event that Developer refunds any amounts paid by Licensee for the Product, pursuant to Paragraph above, Licensee understands and agrees that this Agreement and the Product license are terminated, and Developer will withdraw Product and related documentation provided under this Agreement. Upon receipt of such refund, Licensee agrees that it will no longer use, display or otherwise control the Product, code or related documentation for which the refund was issued.
DISCLAIMER OF WARRANTY FOR PRODUCT
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, DEVELOPER DISCLAIMS ALL IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE PRODUCT AND DOES NOT PROMISE THAT THE PRODUCT WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE PRODUCT BY ANY PERSON, REGARDLESS OF WHETHER DEVELOPER IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, DEVELOPER' NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
OWNERSHIP OF PRODUCT
Developer has and will retain all ownership rights in the Product, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licensee will have no rights in the Product except as explicitly stated in this Agreement.
ASSIGNMENT AND DELEGATION
Licensee may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without Developer' prior written consent. Any attempt to assign or delegate without that consent will be void.
This Agreement constitutes the entire understanding between Developer and Licensee with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by Developer and Licensee. Terms and conditions set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by Developer in writing.
All rights not expressly granted here are reserved by Sergey Chubchenko.
Other trademarks are reserved by their owners.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.
Thank you for using DotFix NiceProtect!