End user agreement for MacPhoneHome
BRIGADOON SOFTWARE INC. END USER LICENSE AGREEMENT
Software License Agreement for
PC PhoneHome(tm)/MacPhoneHome(tm) Version 3.x
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS
DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT"
BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR
ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL
OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT")
REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF
THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT
INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below,
INC. hereby grants you a non-exclusive,
non-transferable license to
the original registrant of
PC PhoneHome(tm) or MacPhoneHome(tm) ("Software") only, to install
and to use PC PhoneHome(tm) or MacPhoneHome(tm) on one computer's
hard drive only.
Whether you are licensing the Software as an individual or on behalf
of an entity, you may not: (i) reverse engineer, decompile, or
disassemble the Software; (ii) modify, or create derivative works
based upon, the Software in whole or in part; (iii) remove any
proprietary notices or labels on the Software; or (iv) sell, resell,
lease, rent, transfer, sublicense, or otherwise transfer rights to
You further agree as a license condition to accept periodic update
information, data archiving and product advertising from Brigadoon
Software, Inc. via email.
2. TITLE: You acknowledge that no title to the intellectual property
in the Software is transferred to you. Title, ownership, rights, and
intellectual property rights in and to the Software shall remain in
BRIGADOON SOFTWARE INC. The Software is protected by copyright and
patent laws of the United States and international treaties. Nothing
in this License Agreement constitutes a waiver of rights under the
U.S copyright laws or any other Federal or State Law.
3. UPDATES & REGISTRATION. From time to time, BRIGADOON SOFTWARE
INC. may make available updates to the software. You may download and
install or otherwise use those updates to the software that are
released by BRIGADOON SOFTWARE INC. All updates to the Software are
governed by this Agreement, unless other license terms are provided
with the update.
IMPORTANT: You must complete the product registration form for PC
PhoneHome(tm) or MacPhoneHome(tm) accurately and truthfully during
software installation to be notified of software updates. This
accurate and truthful registration also insures maximum protection
for you in the event your computer is lost or stolen. IF YOU COMPLETE
THE REGISTRATION FORM WITH LESS THAN ACCURATE INFORMATION, YOU WILL
SERIOUSLY JEOPARDIZE LAW ENFORCEMENT AGENCY'S ABILITY TO ASSIST YOU
IN THE RECOVERY OF YOUR COMPUTER IN THE EVENT OF LOSS.
4. DISCLAIMER OF WARRANTY: YOU AGREE THAT BRIGADOON SOFTWARE INC. HAS
MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE
PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND. BRIGADOON SOFTWARE INC. DISCLAIMS ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. BRIGADOON SOFTWARE INC. SHALL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF
ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS
5. LIMITATION OF LIABILITY: You must assume the entire risk of using
the program. IN NO EVENT SHALL BRIGADOON SOFTWARE INC. BE LIABLE TO
YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR
OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND
ARISING OUT OF THE USE OF THE BRIGADOON SOFTWARE INC. EVEN IF
BRIGADOON SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL BRIGADOON SOFTWARE INC. LIABILITY FOR ANY
CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY,
EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE
RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE
BRIGADOON SOFTWARE INC. SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES.
THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE
EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement shall terminate automatically if you
fail to comply with all the terms and limitations described in this
Agreement. Upon termination, you must uninstall and destroy all
copies of the Software.
Severability: In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall not affect
the validity of the remaining portions of this Agreement.
EXPORT ASSURANCES: You may not download or otherwise export or
re-export the program or any underlying information or technology
except in full compliance with all United States and other applicable
laws and regulations, including without limitation, the United States
Export Administration Act and the regulations thereunder. In
particular, but without limitation, none of the program or underlying
information or technology may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of Cuba, Iran,
Libya, North Korea, Sudan, and Syria or any other country to which
the U. S. has embargoed goods; or (ii) to anyone on the U. S.
Treasury Department's list of Specially Designated Nationals or the
U. S. Commerce Department's Table of Denial Orders. By downloading or
using the program, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any
U.S. GOVERNMENT LICENSES: If the Program is provided to the U.S.
Government, the Government acknowledges receipt of notice that the
Program and documentation were developed at private expense and that
no part of either of them is in the public domain. The Government
acknowledges Brigadoon Software's representation that the Program is
"Restricted Computer Software" as defined in clause 52.227-19 of the
Federal Acquisition Regulations (the "FAR") and is "Commercial
Computer Software" as defined in Subpart 227.471 of the Department of
Defense Federal Acquisition Regulation Supplement (the "DFARS"). The
Government agrees that (i) if the software is supplied to the
Department of Defense, the software is classified as "Commercial
Computer Software" and the Government is acquiring only "Restricted
Rights" in the software and its documentation as that term is defined
in Clause 252.227-7013(c)(1) of the DFARS and (ii) if the software is
supplied to any unit or agency of the Government other than the
Department of Defense, then notwithstanding any other lease or
license agreement that may pertain to, or accompany the delivery of,
the computer software and accompanying documentation, the rights of
the Government regarding its use, reproduction and disclosure are as
set forth in Clause 52.227-19(c)(2) of the FAR. All copies of the
software and the documentation sold to or for use by the Government
shall contain any and all notices and legends necessary or
appropriate to assure that the Government acquires only limited
rights in any such documentation and restricted rights in any such
software. Contractor/Manufacturer is Brigadoon Software, Inc.
Governing Law: This Agreement will be governed by the laws of the
State of New York as they are applied to agreements between New York
residents entered into and to be performed entirely within New York.
The United Nations Convention on Contracts for the International Sale
of Goods is specifically disclaimed.
Entire Agreement: You agree that this is the entire agreement between
you and BRIGADOON SOFTWARE INC., which supersedes any prior
agreement, whether written or oral, and all other communications
between BRIGADOON SOFTWARE INC. and you relating to the subject
matter of this Agreement.
Reservation of rights: All rights not expressly granted in this
Agreement are reserved by BRIGADOON SOFTWARE INC.
Copyright (c) 2001-9 BRIGADOON SOFTWARE INC. All rights reserved.
BRIGADOON SOFTWARE INC., http://www.pcphonehome.com,
http://www.brigadoonsoftware.com, PC PhoneHome(tm),
PC PhoneHome Lite(tm), PC PhoneHome Pro(tm),
PC PhoneHome Enterprise(tm), MacPhoneHome(tm),
MacPhoneHome Enterprise(tm), PC PhoneHome(tm) for Linux,
PC PhoneHome(tm) for Palm and PC PhoneHome(tm) for Pocket PC
are trademarks of BRIGADOON SOFTWARE INC.