End user agreement for RSS Magic for .Net
Silverband Software RSS Magic for .Net - License Agreement
The term "SOFTWARE" when used in this LICENSE AGREEMENT identifies and includes the computer software, all accompanied printed, electronic, and online documentation, and associated distribution media.
Silverband Software RSS Magic, Copyright 2003 by Silverband Software. All rights reserved.
Silverband Software grants you a non-exclusive license to use the SOFTWARE in the manner described in this LICENSE AGREEMENT. The SOFTWARE is licensed, not sold. All title and copyrights in and to the SOFTWARE, are owned by Silverband Software. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2.) GRANT OF LICENSE.
This LICENSE AGREEMENT establishes the following rights and limitations:
- You may make a backup copy of the SOFTWARE.
- You may not distribute the SOFTWARE license key except as noted in the documentation.
- You may not remove any proprietary notices or labels from SOFTWARE.
- You may not permit the use of the SOFTWARE except, under the terms listed above.
- You may not modify, translate, reverse engineer, or create derivative works based on the SOFTWARE.
- You may not rent, lease, grant a security interest in, or, otherwise transfer rights to the SOFTWARE.
3.) LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SILVERBAND SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL SILVERBAND SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SILVERBAND SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF SILVERBAND SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
4.) LIMITED WARRANTY.
Silverband Software warrants that for a period of ninety (10) days from the date of acquisition, the SOFTWARE, if operated as directed, will substantially achieve the functionality described in the documentation. Silverband Software does not warrant, however, that your use of the SOFTWARE will be uninterrupted or that the operation of the SOFTWARE will be error-free. Silverband Software also warrants that the distribution media, if provided by Silverband Software, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the SOFTWARE. Silverband Software's sole liability for any breach of this warranty shall be, in Silverband Software's sole discretion: (1) to replace your defective media; or (2) to advise you how to achieve substantially the same functionality with the SOFTWARE as described in the documentation through a procedure different from that set forth in the documentation; or (3) if the above remedies are impracticable, to refund the license fee you paid for the SOFTWARE. Repaired, corrected, or replaced SOFTWARE shall be covered by this limited warranty for the period remaining under the warranty that covered the original SOFTWARE, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced SOFTWARE, or (b) Silverband Software advised you how to operate the SOFTWARE so as to achieve the functionality described in the documentation. Only if you inform Silverband Software of your problem with the SOFTWARE during the applicable warranty period and provide evidence of the date you purchased a license to the SOFTWARE will Silverband Software be obligated to honor this warranty. Silverband Software will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY SILVERBAND SOFTWARE. SILVERBAND SOFTWARE MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO SILVERBAND SOFTWARE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If the distribution media is subjected to accident, abuse, or improper use; or if you violate the terms of this LICENSE AGREEMENT, then this warranty shall immediately be terminated. This warranty shall not apply if the SOFTWARE is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
This LICENSE AGREEMENT will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the SOFTWARE.
This LICENSE AGREEMENT represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth in this LICENSE AGREEMENT, and not those in your purchase order. If any provision of this LICENSE AGREEMENT is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This LICENSE AGREEMENT shall be governed by Virginia law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
THIS SOFTWARE IS PROVIDED "AS-IS". NEITHER THE AUTHOR NOR ITS SUPPLIERS MAKES ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE CONTENT OF THIS SOFTWARE OR THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.