End user agreement for Ebaycalc
END-USER LICENSE AGREEMENT FOR EBAYCALC (Ebay Profit & Postage Calculator Program)
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
CoolandNew's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Phil Coles (CoolandNew). for the Phil Coles (CoolandNew) software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation relating to EBAYCALC.
By installing, copying, or otherwise using the EBAYCALC software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Phil Coles (CoolandNew), (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use EBAYCALC.
The EBAYCALC is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The EBAYCALC is licensed, not sold.
1. GRANT OF LICENSE.
The EBAYCALC is licensed as follows:
(a) Installation and Use.
Phil Coles (CoolandNew) grants you the right to install and use copies of the EBAYCALC software on your computer running a validly licensed copy of the operating system for which the EBAYCALC was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista].
(b) Backup Copies.
You may also make copies of the EBAYCALC as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the EBAYCALC software
You may not distribute registered copies of the EBAYCALC software to third parties. Evaluation versions available for download from CoolandNew's website may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the EBAYCALC software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the EBAYCALC software
(e) Support Services.
Phil Coles (CoolandNew) may provide you with support services related to EBAYCALC ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the EBAYCALC software and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the EBAYCALC software
Without prejudice to any other rights, Phil Coles (CoolandNew) may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the EBAYCALC software in your possession.
All title, including but not limited to copyrights, in and to the EBAYCALC software and any copies thereof are owned by Phil Coles (CoolandNew). All title and intellectual property rights in and to the content which may be accessed through use of the EBAYCALC 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. All rights not expressly granted are reserved by Phil Coles (CoolandNew).
5. NO WARRANTIES
Phil Coles (CoolandNew) expressly disclaims any warranty for the EBAYCALC software. The EBAYCALC software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Phil Coles (CoolandNew) does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the EBAYCALC software. Phil Coles (CoolandNew) makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Phil Coles (CoolandNew) further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Phil Coles (CoolandNew) be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the EBAYCALC software , even if Phil Coles (CoolandNew) has been advised of the possibility of such damages. In no event will Phil Coles (CoolandNew) be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Phil Coles (CoolandNew) shall have no liability with respect to the content of the EBAYCALC software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.