End user agreement for Advanced DHTML Popup Pro
Digital Flow Software Products
Author: Digital Flow Software
End User License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL FLOW SOFTWARE, INCLUDING ITS AUTHORIZED AGENTS AND DISTRIBUTORS ("DFS"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION, IN WHATEVER MEDIA FORMAT, OF ANY PRODUCT AND SOFTWARE OF DFS INCLUDING THE ADVANCED DHTML POPUP SOFTWARE, AND INCLUDING ASSOCIATED WRITTEN DOCUMENTATION (THE "SOFTWARE").
IF YOU CHOOSE TO ACCEPT ALL THE TERMS OF THIS LICENSE AGREEMENT BY CLICKING "Yes" AT THE RELATED QUESTION AT THE START OF THE INSTALLATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, CLICK "No" TO TERMINATE THE INSTALLATION OF THE SOFTWARE.
1. GRANT OF LICENSE:
a. This is a license, not a sale of the Software;
b. Upon payment by you and receipt by DFS of the license fee prescribed by DFS from time to time (the "License Fee"), Digital Flow Software grants to you a non-exclusive license to use one copy of the Software in accordance with the terms and conditions set forth in this Agreement ("Single User Licensees');
c. Single-User Licensees shall only use the Software on a single computer subject, however, to the limited exception that you may use the Software on a second (portable or home) computer provided it is used only by you and provided only one copy of the Software is used at one time;
d. The produced popups and their respective libraries (Software Output) shall only be used on Internet or Intranet web sites that reside on a web server.
e. A special License for Distributed Applications is required for use of the Software Output on distributed software, such as demos, applications or CD-based webs.
2. COPYRIGHT, TRADEMARKS AND TRADE SECRETS:
a. DFS owns intellectual property rights in the Software and Advanced DHTML Popup and all of the products of DFS;
b. Further, the Software's structure, sequence, organization and code are the valuable trade secrets of DFS;
c. The Software is protected against unauthorized use by United States and Canadian copyright laws and international treaty provisions;
d. This Agreement does not grant you any intellectual property rights in the Software. Unpublished rights are reserved.
3. ACTIVATION and CONFIDENTIALITY:
a. Upon payment of the License Fee, you will be provided, through an authorized agent, with a confidential Activation Code that unlocks your installation (the "Activation Code").
b. You shall, at all times and without exception, maintain the confidentiality the Activation Code. Specifically, you shall not disclose the information associated with the Password to any other person, corporation or any other entity.
c. These provisions also hold for any new Activation Code issued to you for the purpose of unlocking a re-installation of the existing single-user license.
4. PROHIBITED USES:
a. You may not reverse-engineer, decompile, disassemble, modify, translate, or create derivative works;
b. You may not display the Software code in human-readable form;
c. You may not use the Software Output on any other media apart from Internet or Intranet. A special license is required for such use.
a. Transfer of Password and Installed Software:
Subject to the terms of this Agreement, you may not copy, transmit, assign, rent, lease, sublicense, distribute, lend or otherwise transfer the Password, Activation Code or installed Software, and you may not sell or license to others the right to use the Password, Activation Code or installed Software, in whole or in part.
b. Transfer of Software Distribution Program:
Subject to the terms of this Agreement, you may copy, transmit, and distribute the Software distribution program to others for the sole purpose of evaluation provided no modifications or additions are made to the Software distribution program, or any associated files, and provided it is not bundled in a distribution with any other software.
a. Upon payment of the License Fee, you are entitled to use this version of the Software and receive new releases related to this version of the Software, at no extra charge.
b. Digital Flow Software is not responsible for any problems that may arise due to the use of the software in browsers and versions that are not available as of February 2005.
7. CUSTOMER SUPPORT:
a. Subject to DFS's availability and resources, customer support for the Software may be provided by Digital Flow Software through its email address at email@example.com.
8. ARCHIVAL BACKUP OF SOFTWARE:
a. DFS authorizes you to make one copy of the Software for backup or archival purposes.
a. This Agreement is effective from the time you click "Yes" in the "Accept all the terms of the preceding License Agreement?" box until this Agreement is terminated;
b. If at any time after clicking "Yes", you do not wish to be bound by this Agreement, you shall terminate this agreement by notifying DFS in writing, at one of the addresses below, of such termination;
c. Further, this Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement;
d. Upon termination of this Agreement, for any reason, you agree to destroy all copies of the Software by uninstalling, deleting or taking any steps necessary to render the Software unusable.
10. SURVIVAL UPON TERMINATION:
a. All obligations of confidentiality, rights associated with intellectual property and restrictions on use and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason.
11. WARRANTY DISCLAIMERS:
a. The Software is licensed to you on an "AS IS" basis;
b. TO THE EXTENT PERMITTED BY LAW, DFS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
c. The entire risk as to the quality and performance of the Software is with you. Should the Software or the Documentation prove defective, you (and not DFS) assume the entire cost of all necessary servicing or repair.
d. DFS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY DFS OR ITS AUTHORIZED AGENTS OR DISTRIBUTORS SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY;
e. DFS FURTHER DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE DETECTION OR ELIMINATION OF COMPUTER VIRUSES IN ANY FORM;
f. DFS DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS;
g. Some states or jurisdictions do not allow the exclusion of implied warranties, conditions or limitations, so the above may not apply to you and your rights may vary from jurisdiction to jurisdiction. Any warranties that by law survive the foregoing disclaimers shall terminate sixty (60) days from the date you installed the Software.
12. LIMITATION OF LIABILITY:
a. YOUR SOLE REMEDIES AND DIGITAL FLOW SOFTWARE's ENTIRE LIABILITY FOR THE SOFTWARE ARE SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL DFS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, EVEN IF DIGITAL FLOW SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY;
b. You agree that DFS shall not be liable for defense costs or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software;
c. In no event shall DFS's maximum aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the License Fee you paid for the Software;
d. The limitations imposed by this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term;
e. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. NOT INTENDED FOR HIGH-RISK ACTIVITIES:
a. The Software is not designed, manufactured or intended for use as online equipment control equipment in hazardous environments requiring fail-safe performance, such as, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. DFS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
ANY HIGH RISK USES LISTED ABOVE.
14. GOVERNING LAW AND INTERPRETATION:
a. The rights and obligation of the parties under this agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods;
b. If any provision of this Agreement is held to be illegal, void or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
15. NOTICE TO U.S. GOVERNMENT END USERS:
a. The Software may be "Commercial Items" as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.2112 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed in this Agreement to United States Government licensees (A) only as Commercial Items and (B) with only those rights as are granted to all other licensees pursuant to the terms and conditions herein.
16. ENTIRE AGREEMENT:
a. This Agreement is the entire agreement between you and DFS and supersedes all prior agreements, oral or written with respect to this license.
Questions concerning this Agreement may be directed to DFS at: firstname.lastname@example.org
Email address for termination of this Agreement:
Copyright 2006-2012 by DIGITAL FLOW SOFTWARE. All rights reserved.