End user agreement for Portable Notes
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, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
This license agreement covers your use of the Portable Notes, its source code, documentation, and executable files, hereinafter referred to as "Product". The Product is Copyright © 2006-2007 Alex Bakulin. 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 © 2006-2007 Alex Bakulin, with exception of specific copyrights as noted in the individual source files.
The Product is distributed as try-before-you-buy product. This means:
• All copyrights to Product are exclusively owned by the author — Alex Bakulin. Product is protected by copyright laws. At all times Alex Bakulin 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 Any previous agreement with Alex Bakulin is superseded by this agreement.
• Anyone may use trial version of Product as long as you want. You can try trial version of Product, which will display the 'Buy Now!' button in every new note. Full version of Product does not contain such restrictions and is shipped with licence kay. To use the full version of Product, you MUST register.
• 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 designing, developing, testing, and deploying application programs which you create. You may install one copy of the Product on a USB Flash Drive, 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.
5. It is not provided any additional license deductions, except for cost of the registration, connected with creation and distribution of reports and forms of Product. The registered users, can use Product as "Royalty free". It means, that they freely may distribute the programs using Product if it does not contradict conditions of this license agreement. Any sanctions to that from the author are not required.
ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE SOFTWARE LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION, SOFT SERVICE COMPANY 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. Inclusion of the Product in a development environment.
5. Creation of an application that does not differ materially from the Product
6. Development and/or distribution of a stand-alone reporting application based on the Product.
7. Creation of an application (whether it be freeware, shareware or a commercial product) which competes directly or indirectly with the Product.
AGREEMENT PERTAINING TO THE RELEASE OF SOURCE CODE BY SOFT SERVICE COMPANY TO RECIPIENT
PRODUCT IS PROVIDED AS IS
PRODUCT IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. SOFT SERVICE COMPANY WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING 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, Alex Bakulin or its agent may terminate this License immediately by giving notice of termination to Licensee. Licensee is responsible for providing valid contact information to Alex Bakulin. If no valid contact information is available for Licensee in Alex Bakulin's records, Alex Bakulin is not required to give notice of termination to Licensee. Licensee also may terminate this License voluntarily by giving notice of termination to Alex Bakulin and destroying or returning to Alex Bakulin 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 Alex Bakulin 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 Alex Bakulin.
The parties to this Agreement will take all reasonable steps to ensure that any material or information identified by either party to be confidential ("Confidential Information"), which the other party has possession or knowledge of in connection with this Agreement, will not be disclosed to others, in whole or in part, without the prior written permission of the other party. Neither party will have the obligation to maintain the confidentiality of any data or information which (i) was in the receiving party's lawful possession prior to receipt from the other party, (ii) is later lawfully obtained by the receiving party from a third party having no obligation of secrecy to the other party, (iii) is available to the public through no act or failure of the receiving party, (iv) is readily available in the public domain, or (v) is independently developed by the receiving party. The receiving party will immediately return or destroy any or all Confidential Information that has been provided to it by the other party, upon the other party's request.
Alex Bakulin 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, Alex Bakulin 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 code or related files are changed by anyone other than Alex Bakulin, or (ii) if the Product is custom Product developed for Licensee, the custom Product is installed by anyone other than Alex Bakulin.
In the event that Alex Bakulin 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 Alex Bakulin will withdraw Product, code 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, ALEX BAKULIN DISCLAIMS ALL IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFT SERVICE COMPANY 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 ALEX BAKULIN 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 SOFT SERVICE COMPANY IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, SOFT SERVICE COMPANY' NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
OWNERSHIP OF PRODUCT
Alex Bakulin 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 Alex Bakulin prior written consent. Any attempt to assign or delegate without that consent will be void.
This Agreement constitutes the entire understanding between Alex Bakulin and Licensee with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by Alex Bakulin 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 Alex Bakulin in writing. Licensee shall be responsible for and shall pay, and shall reimburse Alex Bakulin on request if Alex Bakulin is required to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on Alex Bakulin's net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Product.
All rights not expressly granted here are reserved by Alex Bakulin.
Microsoft® and 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 Portable Notes!