End user agreement for Twilight Utilities Phone and Web Server
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS(THESE) SOFTWARE PROGRAM(S). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE AND MUST IMMEDIATELY RETURN IT FOR A REFUND FROM YOUR RETAILER.
This(These) software program(s), any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program(s)") are the copyrighted work of Twilight Utilites. All use of the Program(s) is(are) governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Program(s) is(are) solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program(s) not in accordance with the terms of the License Agreement is expressly prohibited.
END USER LICENSE AGREEMENT
1. Limited Use License. Twilight Utilites, ("Twilight") hereby grants, and by installing the Program(s) you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program(s) for your personal use on either a home or portable computer. You may not network the Program(s) or otherwise install it or use it on more than one computer at a time. The Program(s) is(are) licensed, not sold. Your license confers no title or ownership in the Program(s).
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program(s) and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program(s)) are owned by Twilight Utilites. The Program(s) is(are) protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program(s) may contain certain licensed materials and Twilight’s licensors may act to protect their rights in the event of any violation of this License Agreement.
3. Responsibilities of End User.
A. Subject to the grant of license hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, modify, alter, publicly display, or create derivative works based on the Program(s), or remove any proprietary notices or labels on the Program(s).
B. The Program(s) is(are) licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program(s) and New Materials for your own personal use, but you are not entitled to sell or transfer reproductions of the Program(s) to other parties in any way, nor to rent, lease or license the Program(s) to others;
D. You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program(s) as Twilight has no liability for lost or corrupted data.
4. Assignment. Neither this License Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Twilight may assign its respective rights under this License Agreement in the assigning party’s sole discretion.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program(s) and all New Materials. If you fail to comply with or breach any term or condition of this License Agreement, YOUR LICENSES AND THIS LICENSE AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE, AND TWILIGHT MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS LICENSE AGREEMENT. Upon termination of this License Agreement, you must immediately destroy the Program(s) and all New Materials.
7. Limited Warranty. TWILIGHT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM(S). THE PROGRAM(S) IS(ARE) PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
The entire risk arising out of use or performance of the Program(s) remains with you. This paragraph 7. shall survive the termination of this License Agreement.
8. Limitation of Liability. NONE OF TWILIGHT, ITS AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM(S) INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DATA LOSS, DATA CORRUPTION, LOSS OF PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHER LEGAL REMEDY, EVEN IF TWILIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This paragraph 8. shall survive the termination of this License Agreement.
9. Equitable Remedies. You hereby agree that Twilight would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Twilight shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief to prohibit a breach of this License Agreement) with respect to threatened or actual breaches of this License Agreement, in addition to such other remedies as Twilight may otherwise have available to it under applicable laws and/or this License Agreement.
10. Special paragraph regarding the application NetCaller (Tw_NetCaller.exe). Twilight Utilities hereby grants special licence to freely distribute the application installation package Tw_NetCaller.exe ("NetCaller") as long as the package is maintained in it's intergrity. Twilight reserves the right to withhold this licence (paragraph 10) at anytime and further agrees in the event of this paragraph being revoked, that owners of the previous licence will be protected for 1 (ONE) year (grandfather protection). This licence is exclusive to the NetCaller installation package and does not include any related material. If you have received a copy of NetCaller bundled in any way what so ever with this licence you are free to re-distribute it ("NetCaller"). This does not extend other components or subcomponents. This paragraph 10. shall survive the termination of this License Agreement.
11. Paragraph 10 is considered in effect.
You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program(s) is(are) an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Twilight, on the one hand, and you, on the other hand, and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written (including inconsistent statements in written materials and online help accompanying the Program), and any other communications between Twilight and you.