End user agreement for Photo Sorter
END-USER LICENSE AGREEMENT FOR "Prograce Photo Sorter"
IMPORTANT - READ CAREFULLY Please read the following license agreement. You must agree to its terms before using this software.
This end-user license agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Prograce Systems for Prograce Photo Sorter Software, including computer software, electronic documentation and printed materials ("SOFTWARE"). By Downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, promptly destroy all copies of the SOFTWARE, including any updates, in your possession or return them to Prograce Systems.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. Prograce Systems grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE in the manner provided below. If you are an entity, Prograce Systems grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided below.
Prograce Systems may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the SOFTWARE. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Prograce Systems reserves all rights not expressly granted.
Prograce Systems reserves the right to terminate this license at any time, at which time you must destroy all copies of the Software you have previously installed.
2. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by herein and its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
3. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. Regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
4. DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, Prograce Systems and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. This limited warranty gives you specific legal rights. You may have others that vary from state/jurisdiction to state/jurisdiction.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Prograce Systems or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Prograce Systems product, even if Prograce Systems has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Should you have any questions concerning this Agreement, please contact Prograce Systems via http://www.prograce.com