End user agreement for PC Photo Kiosk
This shareware software may be freely distributed, provided that:
* Such distribution includes only the original archive supplied by Ob1gui, Inc. You may not alter, delete or add any files in the distribution archive.
* The distribution does not include a registration number. In particular, you may not distribute a registered version of PC Photo Kiosk.
* No money is charged to the person receiving the software, beyond reasonable cost of packaging and other overhead.
For information about redistribution of PC Photo Kiosk...
Evaluation (Unregistered) and Registered User Agreement
By receiving and/or using Ob1gui software, you accept the following Evaluation and Registered User Agreement. This agreement is a binding legal agreement between Ob1gui . and the purchasers, users or evaluators of Ob1gui software and products. If you do not intend to honor this agreement, remove all installed Ob1gui software from your computer now.
Unregistered shareware use
You may evaluate the Shareware program for maximum of thirty calendar days, after which you must register the program with Ob1gui . or remove the software from your computer.
You may allow other users to evaluate copies of the unregistered Shareware. All evaluation users are subject to the terms of this agreement.
Ob1gui name and any logo or graphics file that represents our software may not be used in any way to promote products developed with our software. All parts of Ob1gui software and products are copyright protected. No program, code, part, image, video clip, audio sample, text or computer generated sequence of images may be copied or used in any way by the user except as intended within the bounds of the single user program.
Limitation of responsibility
The evaluator/user/buyer/owner of Ob1gui software will indemnify, hold harmless, and defend Ob1gui against lawsuits, claims, costs associated with defense or accusations that result from the use of Ob1gui software.
Ob1gui is not responsible for any damages whatsoever, including loss of information, interruption of business, personal injury and/or any damage or consequential damage without limitation, incurred before, during or after the use of our products. Our entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the software (maximum being the suggested retail price as listed by Ob1gui) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to Ob1gui.
Licensed software restrictions
Each registered copy of the Ob1gui software may be used in only one single location by one user. Use of the software means that you have loaded the program and run it or have installed the program onto a computer. If you install the software onto a multi-user platform or network, each and every individual user of the software must be registered separately.
You may make one copy of the registered software for backup purposes, providing you only have one copy installed on one computer being used by one person. If any person other than yourself uses Ob1gui software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated!
The sale of and or distribution of registered copies of this software is strictly forbidden. It is a violation of this agreement to loan, rent, lease, borrow, or transfer the use of registered copies of Ob1gui Software products.
* 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.
* The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* You may not rent or lease the Software.
* You may permanently transfer all your rights under this License, provided you retain no copies; you transfer all of the Software, including all component parts, the media, any upgrades and this License; and the recipient agrees to the terms of this License.
* The evaluator/user/buyer/owner may not use or distribute Ob1gui software for any unlawful purpose. Distribution of Ob1gui software together with pornographic material is prohibited.
Without prejudice to any other rights, Ob1gui, Inc. may revoke and immediately terminate this License without further notice if you fail to comply with any of the terms and conditions of this License. In such event, you must destroy all copies of the Software and all of its component parts.
A. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. FURTHER, OB1GUI, INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, RELIABILITY, ACCURACY OR FITNESS FOR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. SHOULD THE SOFTWARE BE DEFECTIVE, YOU AND NOT OB1GUI, INC. OR ITS DEALERS, AGENTS, DISTRIBUTORS OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, SERVICING AND CORRECTION.
Neither Ob1gui, Inc. nor anyone else who has been involved in the creation, production or delivery of the Software and accompanying written materials shall be liable for any direct, indirect, special, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like.) arising out of the use or inability to use the Software and accompanying written materials even if Ob1gui, Inc. has been advised of the possibility of such damages.
B. EXCLUSIVE REMEDY OF USER
Your sole and exclusive remedy for any failure or non-performance of the Software shall be for Ob1gui, Inc. to provide replacement software.
C. INDEMNIFICATION BY USER
You shall indemnify, defend and hold Ob1gui, Inc. and any of its licensors, employees or agents harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to: (i) your use of the Software, or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; (ii) any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Software or (iii) resulting from your failure to perform your obligations hereunder.
* No action, regardless of form, arising out of this License Agreements may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.
* This License Agreement and any services provided with respect to the Software shall be governed by all applicable laws, without regard to its conflicts of the laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.