End user agreement for Spices.Fortress
PLEASE READ THE FOLLOWING LICENSE AGREEMENT. IT WILL BE NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE BEING PERMITTED TO CONTINUE TO INSTALL THE PRODUCT. THE PROCEDURE FOR ACCEPTING OR REJECTING THE LICENSE AGREEMENT IS SET OUT AFTER THE LICENSE AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR ANY SOFTWARE PRODUCT FOR WHICH YOU HAVE RECEIVED THE CD-KEY(S) WITH THIS CD-ROM OR OBTAINED THE CD-KEY(S) THROUGH AN AUTHORIZED SOURCE, THE INSTALLATION PROCESS WILL BE TERMINATED.
END-USER LICENSE AGREEMENT FOR 9Rays.Net, INC “SPICES.FORTRESS” SOFTWARE
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (an individual or authorized company representative) and 9Rays.Net, INC for the 9Rays.Net, INC software “Spices.Fortress” that accompanies this EULA, which includes associated media and 9Rays.Net, INC Internet-based services (“SOFTWARE”). An amendment or addendum to this EULA may accompany the SOFTWARE.
1. GRANT OF LICENSE.
9Rays.Net, INC grants you the following rights, provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use.
You may install and use one copy of the SOFTWARE on one personal computer or other device located within your home or office. You may process any number of C# forms using the SOFTWARE, provided that such processed output be used internally for evaluation purposes only. You may not distribute or publish any of your products that are processed by the SOFTWARE using this evaluation version of SOFTWARE. You must obtain a full commercial License for the SOFTWARE in order for you to distribute or incorporate processed works produced while utilizing this evaluation version of the SOFTWARE.
1.2 Legal Use Only.
You must indemnify and defend 9Rays.Net, INC from and against any claims or lawsuits, including attorneys' fees that arise from or result from your use of this software in a manner that violates any of the terms of this or any other License agreement.
1.3 License Grant for Media Elements and provided Samples.
The Software may include certain photographs, clip art, templates, shapes, animations, sounds, music and video clips that are identified in the SOFTWARE for your use (together "Media Elements"). You may copy and modify the Media Elements or Samples, display and distribute them, along with your modifications as part of your software products and services, including your web sites, but you are not Licensed to do any of the following: You may not sell, License or distribute copies of the Media Elements or Samples by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements. You may not grant customers of your product or service any rights to License or distribute the Media Elements or the provided Samples. You may not License or distribute any of the Media Elements or Samples that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity. You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements. In addition, you must indemnify and defend 9Rays.Net, INC from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you.
1.4 License Grant for Documentation.
The documentation that accompanies the SOFTWARE is Licensed for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Expiration of Rights.
Your rights to the SOFTWARE set forth in Section 1 shall automatically expire if at any time you (a) are no longer employed by the Customer; or (b) are no longer the primary user of a Licensed copy of the SOFTWARE with active Software Assurance; or (c) install any other version of the SOFTWARE that is subject to a EULA. In either such event, you must cease use of the SOFTWARE, uninstall it from the computer or device on which you installed it and destroy all copies of the SOFTWARE and all of its component parts.
2.2 Government Employees.
It is 9Rays.Net, INC's intent that the terms of this EULA be in compliance with all applicable laws and regulations. Therefore, if the Customer that employs you is the U.S. Government or any state or local government within the United States, the SOFTWARE is Licensed to you for the sole use and benefit of the Customer for Customer purposes only, and may not be used for your personal use unless so authorized by Customer's ethics office. If the Customer that employs you is a government outside the United States, you can use the SOFTWARE for your personal needs unless otherwise prohibited by any applicable laws, policies or regulations, in which event the SOFTWARE is Licensed to you for the sole use and benefit of the Customer.
2.3 Mandatory Activation.
THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the SOFTWARE under this EULA after a finite number of product launches unless you activate your copy of the SOFTWARE in the manner described during the launch sequence. You may also need to reactivate the SOFTWARE if you modify your computer hardware or alter the SOFTWARE. 9Rays.Net, INC will use those measures to confirm you have a legally licensed copy of the SOFTWARE. If you are not using a licensed copy of the SOFTWARE, you are not allowed to install the SOFTWARE or future SOFTWARE updates. 9Rays.Net, INC will not collect any personally identifiable information from your device during this process.
2.4 Internet-Based Services.
You may not use any 9Rays.Net, INC Internet-based services associated with the SOFTWARE in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
2.5 Runtime Software Limitations.
The SOFTWARE may contain runtime software ("Runtime Software"). Other than use with the SOFTWARE, you may not use the Runtime Software with any other software application nor use the Runtime Software as part of any process or system that is used to automatically deliver, share or distribute documents or other work created using the Runtime Software.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
9Rays.Net, INC reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. 9Rays.Net, INC or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is Licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of 9Rays.Net, INC.
The SOFTWARE is protected by United States Copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of 9Rays.Net, INC and you will not acquire any rights to the SOFTWARE except as expressly set forth in this License. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services with the SOFTWARE.
6. CONSENT TO USE OF DATA.
You agree that 9Rays.Net, INC and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the SOFTWARE. 9Rays.Net, INC may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES.
9Rays.Net, INC is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. 9Rays.Net, INC is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by 9Rays.Net, INC of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the SOFTWARE that 9Rays.Net, INC may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless they are accompanied by separate terms. 9Rays.Net, INC reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the SOFTWARE.
To use Software identified as an upgrade, you must first be Licensed for the software identified by 9Rays.Net, INC as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
10. EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
11. SEPARATION OF COMPONENTS.
The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one device.
12. SOFTWARE TRANSFER.
You may transfer your copy of the SOFTWARE to a different device. After the transfer, you must completely remove the SOFTWARE from the former device. No Transfer to Third Party. You may not transfer, including by way of indirect transfer, such as a consignment, this EULA, the SOFTWARE or the Certificate of Authenticity (if applicable) to any other end user.
Without prejudice to any other rights, 9Rays.Net, INC 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 SOFTWARE and all of its component parts.
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
9Rays.Net, INC warrants that the SOFTWARE will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the SOFTWARE, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by 9Rays.Net, INC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE does not meet 9Rays.Net, INC's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. 9Rays.Net, INC's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the SOFTWARE shall be, at 9Rays.Net, INC's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the SOFTWARE, or (b) repair or replacement of the SOFTWARE, that does not meet this Limited Warranty and that is returned to 9Rays.Net, INC with a copy of your receipt. You will receive the remedy elected by 9Rays.Net, INC without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the SOFTWARE to 9Rays.Net, INC). This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and 9Rays.Net, INC will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with 9Rays.Net, INC's warranty remedy procedures.
15. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, 9Rays.Net, INC and its suppliers provide the SOFTWARE and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE, and the provision of or failure to provide support or other services, information, software, and related content through the SOFTWARE or otherwise arising out of the use of the SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. 16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9Rays.Net, INC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF 9Rays.Net, INC OR ANY SUPPLIER, AND EVEN IF 9Rays.Net, INC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of 9Rays.Net, INC and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by 9Rays.Net, INC with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the SOFTWARE up to the amount actually paid by you for the SOFTWARE or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
18. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and 9Rays.Net, INC relating to the SOFTWARE and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any 9Rays.Net, INC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Copyright © 2007, 9Rays.Net, INC. All rights reserved.