End user agreement for CSS Menu Studio
END USER LICENSE AGREEMENT FOR PLUGINLAB SOFTWARE
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND PLUGINLAB. PLEASE READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING ALL OR ANY PORTION OF THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY PLUGINLAB HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. DEFINITIONS. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) PluginLab or third party computer information or software; (ii) digital images, sounds or other artistic works ("Media Files"); (iii) related explanatory written materials or files ("Documentation") and (b) upgrades, modified versions, updates, additions and copies of the Software, if any, licensed to you by PluginLab (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from the functionality of the Software in accordance with the Documentation. "Permitted Number" means (1) unless otherwise indicated under a valid license (e.g. volume license) granted by PluginLab. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE LICENSE GRANTS. The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
As long as you comply with the terms of this EULA, PluginLab grants you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials that may be included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.1 General Use. You may install and Use one copy of the Software on your compatible computer, up to the Permitted Number of computers;
2.2 Media Files. Unless stated otherwise in the "Read Me" files associated with the Media Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Media Files included with the Software. However, you may not distribute the Media Files on a stand-alone basis, i.e. in circumstances in which the Media Files constitute the primary value of the product being distributed. Media Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Media Files or derivative works thereof.
You agree that PluginLab may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse PluginLab for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
3. INTELLECTUAL PROPERTY RIGHTS. The Software and any copies that you are authorized by PluginLab to make are the intellectual property of and are owned by PluginLab and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of PluginLab and its suppliers. The Software is protected by copyright including international treaty provisions and applicable laws in the country in which it is being used.
4. LICENSE RESTRICTIONS. Except to the extent contrary to applicable law:
(a) Other than as expressly set forth in Section 2 ("Software License Grants"), you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. If the copy of the Software is licensed as part of the Bundle, the Software shall be transferred only with and as part of the sale or transfer of the whole Bundle and not separately. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount.
(e) Other than as expressly set forth in Section 2 hereof, you may not modify the Software or create derivative works based upon the Software.
(f) You shall not use the Software to develop any application having the same primary function as the Software.
(g) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the computer on which the Software is to be installed.
(h) The license of the Bundle is licensed as a single product and none of the products in the Bundle, including the Software, may be separated for installation or use on more than one computer.
(i) In the event that you fail to comply with this EULA, PluginLab may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
Trademarks shall be used in accordance with accepted Trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
5. SUPPORT SERVICES. PluginLab may provide you with support services related to the Software ("Support Services"), in its discretion. Use of Support Services, if any, is governed by the PluginLab policies and programs described in the user manual, in "online" documentation, and/or other PluginLab provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the Software and subject to the terms of this EULA. With respect to technical information you provide to PluginLab as part of the Support Services, PluginLab may use such information for its business purposes, including for product support and development. PluginLab will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
6. MULTIPLE COPIES / UPGRADES / BUNDLES. If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software is installed may not exceed the Permitted Number.
PluginLab reserves the right to replace, modify or upgrade the Software at any time by offering you a replacement or modified version of the Software or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the Software offered to you by PluginLab shall be considered part of the Software and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the Software). In the event that PluginLab offers a replacement or modified version of or any upgrade to the Software, (a) your continued use of the Software is conditioned on your acceptance of such replacement or modified version of or upgrade to the Software and any accompanying superceding EULA and (b) in the case of the replacement or modified Software, your use of all prior versions of the Software is terminated.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 4(d). If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation PluginLab may have to support the previous version of the Software may be ended upon availability of the Update. If this copy of the Software is licensed as part of the Bundle, and you have a prior license to the same version of the Software, and the Bundle was licensed to you with a discount based, in whole or in part, on your prior license to the same version of the Software, the Software is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license to the Software and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity.
7. OWNERSHIP. The foregoing grants of rights give you limited license to use the Software. Except as expressly provided in this Agreement, PluginLab and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications you may develop), and all copies thereof. All rights not specifically granted in this EULA are reserved by PluginLab and its suppliers.
8. COPYRIGHT. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "scripts," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by PluginLab or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this Software contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software.
9. TERMINATION. Without prejudice to any other rights, PluginLab may terminate this EULA if you fail to comply with the terms and conditions of this EULA. PluginLab may terminate this EULA by offering you a superceding EULA for the Software or any replacement or modified version of or upgrade to the Software and conditioning your continued use of the Software or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, PluginLab may terminate this EULA by notifying you that your continued use of the Software is prohibited. In the event that PluginLab terminates this EULA, you must immediately stop using the Software and destroy all copies of the Software and all of its component parts.
10. DISCLAIMER OF WARRANTIES. PLUGINLAB AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
11. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUGINLAB OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLUGINLAB OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. LIMITATION AND RELEASE OF LIABILITY. PluginLab has included in this EULA terms that disclaim all warranties and liability for the Software. To the full extent allowed by law, YOU HEREBY RELEASE PLUGINLAB AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the Software under the terms of this EULA, do not install the Software. No refund will be made.
13. THIRD PARTY SOFTWARE. The Software may contain third party software which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
14. GENERAL. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of PluginLab to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No PluginLab dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
All questions concerning this EULA shall be directed to: PluginLab at firstname.lastname@example.org.
PluginLab and other trademarks contained in the Software are trademarks or registered trademarks of PluginLab. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
This EULA does not authorize you to use PluginLab's or its licensors' names or any of