End user agreement for Ateksoft CoolCapture
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ATEKsoft ("Manufacturer") the manufacturer of CoolCamera ("SOFTWARE"). The SOFTWARE includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
ATEKsoft grants you, and you accept, a non-exclusive license to use the SOFTWARE on one computer according to the following terms:
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
***GRANT OF LICENSE***
You may use the SOFTWARE only in conjunction with one computer.
You may make copies of the SOFTWARE only for backup and archival purposes.
You are expressly prohibited from sublicensing, assigning, renting, loaning, copying, or otherwise transferring the SOFTWARE or documentation to anyone, except as specifically provided in this Agreement. You may not alter, modify, adapt, create a derivative work, merge, translate, decompile, disassemble, or reverse engineer the SOFTWARE. Any attempt to do any of the foregoing shall automatically terminate your license.
You may permanently transfer this license to another user but only if you transfer all disks and documentation, you cease to use and destroy you own working copy of the SOFTWARE, and the recipient specifically agrees to all of the terms of this Agreement.
ATEKsoft warrants that the SOFTWARE will substantially conform to published specifications and to the documentation, provided it is used with compatible computer hardware and operating systems.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, ATEKsoft MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DISKETTES OR DOCUMENTATION, INCLUDING THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ATEKsoft DOES NOT WARRANT THAT THE SOFTWARE'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL ATEKsoft OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION. EVEN IF ATEKsoft HAS BEEN ADVISED OF THE POSSIBILITY TO SUCH DAMAGES.
ATEKsoft is not responsible for any costs including, but not limited to, those incurred as a result of lost of profits or revenue, loss of time, data, or use of the software, the costs or recovering such software or data, the costs of substitute software, claims by third parties, or other similar costs.
IN NO CASE WILL ATEKsoft LIABILITY EXCEED THE AMOUNT OF THE RETAIL LICENSE FEE. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
This Agreement is the entire agreement between you and ATEKsoft relative to the SOFTWARE and supersedes all prior written statements, proposals or agreements relative to its subject matter. ATEKsoft owns all title to the SOFTWARE and documentation, all rights not expressly granted are retained, and no rights under federal copyright or other applicable laws are waived.
Should you have any questions concerning this EULA, please contact ATEKsoft