End user agreement for IBA Bingo Card Maker
IBA Card Maker is copyright © 2006-2011 Duane Terrell.
"IBA Card Maker", “International Bingo Association", “InterBA” are trademarks of Duane Terrell.
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you ("Licensee", either as an individual or a single entity) and Duane Terrell ("Vendor"), owner of the brand "InterBA" and “International Bingo Association”, for the software product IBA Card Maker ("Software") of which Duane Terrell is the copyright holder.
International Bingo Association and InterBA are a labels/trademarks used by Duane Terrell to conduct business. The Licensee agrees that anything copyrighted by InterBA is hereafter copyrighted by Duane Terrell.
The term “Bingo Card Image” is referring to the images created by the software which may or may not be printed on a printer, saved to disk, saved to file, or reside in computer memory.
The term “Bingo Card Images” refers to one or more “Bingo Card Image”.
The term "Play Bingo" refers to playing the game of bingo regardless of its various forms or formats.
The term "Refund Authorization Code" refers to a code given to the Licensee after they have requested a refund for the product they have purchased.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, the Vendor grants you the right to use the Software in the manner provided below.
If you do not accept the terms and conditions of the License Agreement, you are to promptly delete each and any copy of the Software from your computer(s).
This license agreement only applies to the software product "IBA Bingo Card Maker" and not to any other product even if that product is similar to IBA Bingo Card Maker and has a similar name.
The Vendor reserves the right to license the same Software to other individuals or entities under a different license agreement.
After accepting this license agreement, the Licensee is permitted to use the Software under the terms of this agreement for evaluation purposes only, without payment to the Vendor.
If the Licensee wishes to use the software for purposes other than evaluating the Software, the Licensee must purchase a single user license or a multi-user license from the Vendor. This license bears the name of the licensed person or entity and is not transferable to any other party. Pricing and availability is subject to change without prior notice. The Licensee can consult the most recent pricing information at http://www.ibabingo.com.
The Licensee has the right to request a refund within 30 days after purchasing the product. The Vendor reserves the right to refuse any refund request if the Licensee has not contacted the Vendor at firstname.lastname@example.org or email@example.com explaining the circumstance regarding the request and an allowance of 3 business days for the vendor to remedy the circumstance.
The Licensee has the option of installing the Software on a single machine possibly used by one or more persons, or installing the Software on several machines used exclusively by that person. Any combination of both options, or installing the Software on a network server, is not permitted.
The Licensee has a right to place an additional copy of the Software and the license key on a removable medium for backup purposes to protect the investment made.
Technical support is available directly from the Vendor at no additional charge. When encountering problems, the Licensee must first visit the Vendor's web sites at http://www.accorg.com/ and read the information presented there to make sure the question or problem is not already answered there. If not, the Licensee may write to firstname.lastname@example.org with his question in the English language.
Technical support for Licensees which are evaluating the Software and have not purchased a license will be limited to problems that prevent the Licensee from evaluating the core functionality of the Software.
The Software is provided "as is". In no event shall the Vendor be liable for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of this Software, to the maximum extent permitted by applicable law. While the Software has been developed with great care, it is not possible to warrant that the Software is error free. The Software is not designed or intended to be used in any activity that may cause personal injury, death or any other severe damage or loss.
When errors are found in the Software, the Vendor will release a new version of the Software that no longer contains those errors a reasonable amount of time after the Vendor is given an accurate description of those errors. Which amount of time is reasonable will depend on the complexity and severity of the errors. The Vendor will mention the release at http://www.ibabingocom and, at the Vendor's option, directly contact the Licensee to announce the new release. The Licensee can then, at their option, upgrade to the latest version or to continue to use the older version the Licensee already has. In either case, no payment to the Vendor is required. In the latter case, the Licensee will no longer be entitled to technical support until the Licensee has upgraded to the latest version.
The Vendor reserves the right to charge an upgrade fee in the case of major new enhancements or additions to the Software. This major new version will then start a new version line which will use version numbers clearly distinguishable from the old version line. The Licensee has no obligation to upgrade to the new version line and the Vendor will continue to make available the latest version of the previous version line and release new versions in the old version line in the case errors are still found, and provide technical support for it.
You must not attempt to reverse compile, modify, translate or disassemble the Software in whole or in part. You must not run the Software under a debugger or similar tool allowing you to inspect the inner workings of the Software.
The Software remains the exclusive property of the Vendor. Any Licensee which fully complies with the terms in this license agreement may use it according to the terms of this license agreement. You must not give copies of the Software or your license key to other persons or entities. You must not transfer the Software or your license key to another person or entity. If you have received a download password or an URL with an embedded password for downloading the Software, you must keep this password secret. You must also take reasonable steps to prevent any third party from copying the software from one of your machines without your permission.
You may distribute the evaluation version of the Software that is available for public download at http://www.ibabingocom at the moment that you do distribute it, on the condition that you do this by making identical copies of the downloaded file(s). Public download means any file that can be downloaded by browsing to http://www.ibabingo.com and navigating through the links visible on the page, without the use of any password that you may type in or that may be automatically supplied by your browser if you have typed it in before.
You must not ask payment for the act of distributing the evaluation version of the Software or for the evaluation version itself. You may ask a reasonable contribution to cover your expenses in material, shipping and communication costs. You must make it clear to the recipient that you are sending an evaluation version and that the recipient will have to accept a license agreement in order to evaluate it, and make payment in order to fully use the Software. You must not distribute the evaluation version by making it part of a larger package, unless that package is a collection of evaluation software and other software that does not require payment.
All "bingo card images" created with this software are copyright © by vendor All Rights Reserved.
Vender reserves all rights regarding the distribution of the Bingo Card Images regardless of the distribution format.
Licensee has a right to use the bingo card images for their own personal or business use unless otherwise prohibited or until Licensee has requested a refund and the Licensee is sent a Refund Authorization Code. The Licensee agrees to delete all of the bingo card images and project files created with IBA Bingo Card maker, and destroy any printed material created directly or indirectly with IBA Bingo Card Maker, after receiving the Refund Authorization Code.
The Licensee is prohibited from selling the “Bingo Card Images” created with this software unless 10% of the total sale plus $0.005 USD per “Bingo Card Image” is paid to the vendor. Licensee agrees to contact vendor (email@example.com) prior to the sale of the bingo cards so that method of payment can be established.
The Licensee is prohibited from giving the "Bingo Card Images" to any organization, human being acting as an organization, human being employed by an organization.
The Licensee is herby granted permission to sale the created "bingo card images" without payment to vendor to any human being who agrees to only use the bingo cards for their personal use.
[The purpose of the above three paragraphs is to prevent Licensee's from selling the images created by this software simply for profit, marketing a competing product, or marketing an unrelated product. If you are operating a bingo hall the above three paragraph does not impede on your ability to sale the "Bingo Card Images" to your customers in order to raise money for awards, charitable donations, or hall employee salaries etc. If you are using this product in a classroom the above three paragraphs does not impede your ability to pass out the bingo cards to your students. If you are using this software for home use or some other none commercial organizational use the above three paragraphs does not impede on your ability to give the "bingo card images" to the people who need them to play the game of bingo.]
The Licensee is herby granted permission to alter the images to suit personal or commercial visual needs.
Altering and/or removing the copyright notice printed on each bingo card image is prohibited.
The Vendor reserves the right to revoke your license if you violate any or all of the terms of this license agreement, without prior notice.