End user agreement for 1st Do-It-Yourself Promotional Product Creator
THE FOLLOWING LICENSE AGREEMENT IS IN EFFECT FOR ALL OF THE PRODUCTS
OWNED AND OPERATED BY CLOCK DOMAIN.COM LTD.PLEASE READ THIS LICENSE
DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY DOWNLOADING,INSTALLING,
COPYING, OR OTHERWISE USING THE SOFTWARE AND/OR "ONLINE" OR ELECTRONIC
DOCUMENTATION, AND/OR ASSOCIATED MEDIA, AND/OR OTHER CLOCKDOMAIN.COM LTD
MATERIALS YOU ACCEPT THE LIMITATIONS AND CONDITIONS OF THIS LICENSE.
IF YOU DO NOT ACCEPT THESE LICENSE TERMS, PROMPTLY ERASE OR OTHERWISE
DESTROY THE UNUSED SOFTWARE AND ALL OTHER MATERIALS PROVIDED WITH IT.
VERSIONS OF PROMOCLOCK SOFTWARE
There are two versions of PromoClock software
(including PromoClock Customizer and PromoClock computer clocks),
registered and trialware, each of which is subject to this Agreement.
Upon ordering, downloading, installing or using any version of the
software, you are reaffirming that you are bound to the terms of this
1. LICENSE TO USE
1.1 ClockDomain.com Ltd. grants you a nonexclusive, royalty-free right
to use a reasonable number of copies of the trialware version of
PromoClock Software for the sole purpose of evaluating software for
possible purchase of license rights.
1.2 ClockDomain.com Ltd. grants you a personal non-exclusive,
non-transferable right to install and use a registered version of
PromoClock Software, upon payment of a registration fee with the primary
link inserted upon purchase.
1.3 Licensee may not commercially or non-commercially distribute,
sublicense, resell,or otherwise transfer for any consideration, or
reproduce for any such purposes, either PromoClock Customizer or any
modification or derivation thereof, either alone or in conjunction
with any other product or program.
1.4 Distribution of software is limited to PromoClocks only.
2. LICENSE TO REDISTRIBUTE
2.1 You are hereby licensed to create an unlimited number of freely
distributable, royalty-free copies of the PromoClock Clocks; give copies
of the customized Clocks to anyone free of charge; and distribute copies
of the Clocks via electronic means.
2.2 You may not resell, or otherwise transfer for value, the PromoClock
Clocks. The software must be distributed at no cost.
3.1 You may not transfer ownership, distribute or in any way allow other
websites residing on your domain to use PromoClock suite, whether for
payment or not. A single PromoClock registration entitles you to use
PromoClock Suite to promote a single website with a single domain name.
3.2 You may not reverse engineer, reverse compile, decrypt, disassemble
or otherwise modify PromoClock Software in any way.
3.3 You may not rent, lease, or sublicense the PromoClock Software
3.4 ClockDomain.com Ltd is not responsible for content, which was
inserted by purchaser with PromoClock Customizer.
3.5 There is no warranty of any kind for customized clocks.
Distributor is responsible for distributed customized versions of the
4.1 Any software products that are made available to download from
PromoClock.com (including PromoClock Customozer,desktop computer clocks,
screensavers, sounds and other products) are the copyrighted work of
4.2 You accept that ClockDomain.com Ltd. is the exclusive owner of the
PromoClock Software. This license in no way implies any transfer of
ownership and/or copyright of the covered software products.
4.3 You accept that PromoClock Clocks (software and artwork)
(original and customized) are the copyrighted work of
ClockDomain.com Ltd. (not including materials inserted with
5.1 When a visitor requests pages at PromoClock.com site
(by clicking on the links inserted in clock), our Web servers
automatically recognize the browser's type, Operating system,
IP address, clock models name and code, as do most web sites.
This information is collected for statistical and diagnostic
5.2 We do not collect or store any personal information from /on
user's computers, except mentioned above.
6. ANTI-SPAM POLICY
6.1 You understand that ClockDomain Ltd has a strict NO-SPAM policy.
6.2 PromoClock users may not use UCE (unsolicited bulk email),
otherwise known as "SPAM", to promote their PromoClocks. Promoting
PromoClocks through unsolicited mailings is considered misuse of the
product. Sending out messages to email addresses, which you have
purchased, collected from the Internet or obtained through other means
without the consent of the recipient is a violation and is
considered Spam. If we find you are promoting your PromoClocks through
unsolicited mailings, we reserve the right to deny you any further
technical support or product upgrades.
6.3 PromoClocks include a powerful alarm feature, which allows users
to send unlimited number of pop-up alarms, which appear on users'
desktops. While the content and frequency of these alarms is left
up to your own judgment, we strongly encourage you to send out alarms
responsibly. Alarms should not contain any illegal or offensive
material. We encourage you to be considerate to clock users when
determining alarm frequency. If we receive warranted complaints
regarding your use of PromoClock alarms, we reserve the right to
deny you any further technical support or product upgrades.
7. TECHNICAL SUPPORT
7.1 Promotional clocks distributed by purchaser to his clients,
customers etc will be supported by way of emails to us at
7.2 Trial version of PromoClock Customizer and clocks will be supported
by way of emails to us at firstname.lastname@example.org during the evaluation
7.3 Registered version owner will be primarily supported and may request
support by filling in a Support Form, which is placed on
www.promoclock.com's support section
7.4 Technical Support that is free of charge shall be restricted to
advice and information only to diagnose and/or rectify any fault in
the operation of the Software and shall be provided remotely, by way
of emails. Although we may not be able to address all problems
immediately, we shall endeavor to attend to them as soon as possible.
8. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND,INCLUDING WITHOUT
LIMITATION THE WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NONINFRINGING.
PROMOCLOCK.COM. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE,
OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED.NEITHER THE
LICENSOR, ITS SUPPLIERS OR DISTRIBUTERS ASSUMES THE ENTIRE COST OF ANY
SERVICE, REPAIR OR CORRECTION. YOU EXPRESSLY AGREE THAT USE OF THIS
SOFTWARE IS AT YOUR SOLE RISK. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT.NO USE OF THE SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTALOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, MALFUNCTION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.CHANGES TO THIS AGREEMENT
PROMOCLOCK.COM .MAY CHANGE ANY OF THE TERMS AND CONDITIONS CONTAINED
DISCRETION. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED
ON THE PROMOCLOCK.COM WEB SITE BEFORE THEY BECOME EFFECTIVE. YOU ARE
RESPONSIBLE FOR REVIEWING NOTICES AND ANY APPLICABLE CHANGES.
Copyright 2000 -2003, ClockDomain.com Ltd. All rights reserved.
I have read the above license agreement and disclaimer and
by ordering,downloading, installing or using any version of the software
I agree to its terms.