End user agreement for 3Doku (for Mac OS X)
Simone Tellini ("the Author") IS WILLING TO LICENSE THE 3Doku
SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS LICENSE AGREEMENT.
The Software and all its licensed copies are an Intellectual Property
which belongs to the Author.
The Author reserves all rights not expressely granted to You in this
License, including the right to modify the Software without prior notice
and in any time.
2. License to Use.
You are granted a non-exclusive and non-transferable license ("License")
for the use of the accompanying binary software in machine-readable form,
together with accompanying documentation ("the Software").
3. License to Distribute.
You are granted a non-exclusive and non-transferable license (unless
specifically limited by other restrictions in this Agreement) to copy and
distribute the Software in a manner consistent with your obligations to
protect the Author's intellectual property rights hereunder.
The Author may, at its discretion, make available to you an identifying
file ("keyfile") to be recognised by the Software and to consequently modify
the Software's behaviour. Any such keyfile is hereby explicitly excluded from
the above License to Distribute. You may not make any copy of any keyfile
given to you, for any reason other than to provide an appropriate backup of
the Software. Any keyfile given to you can not be transfered to a third pary.
In any event, distribution of any keyfile will result in both revocation of
that keyfile and in termination of this license.
The Software is copyrighted and the Author and/or its licensors retain title
to all copies. No license, right, title, or interest in any trademark, trade
name, trade dress, design patent or service mark of the Author is granted
hereunder. You shall not remove, obliterate or cancel from view any copyright,
trademark, patent or other proprietary rights notice appearing on or embedded
in the Software. You shall reproduce the same on all copies of the Software
(in any form), whether such copies are in whole or in part. Unless applicable
law prohibits the enforcement of this provision, you shall not modify,
decompile, disassemble, decrypt, extract, or otherwise reverse engineer
6. Disclaimer of Warranty.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO,
THE WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE OR TRADE PRACTICE, OR WARRANTIES CONCERNING
THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7. High Risk Activities.
The Software may contain errors and is not designed or intended for use
in on-line facilities, aircraft navigation or communications systems,
air traffic control, direct life support machines or weapons systems
("High Risk Activities") in which the failure of the Software would lead
directly to death, personal injury or severe physical or environmental
damage. You represent and warrant to the Author that you will not use
or distribute the Software for High Risk Activities.
8. Limitation of Liability.
IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING
OUT OF THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations shall apply even if the above stated warranty
fails of its essential purpose.
This License is effective until terminated. You may terminate this License
at any time by destroying all copies of the Software held by you, including
any documentation. This License will terminate immediately without notice
from the Author if you fail to comply with any provision of this License.
Upon termination, you must destroy all copies of the Software.
If any of the above provisions are held to be in violation of applicable
law, void, or unenforceable in any jurisdiction, then such provisions are
herewith waived to the extent necessary for the License to be otherwise
enforceable in such jurisdiction. However, if in the opinion of the
Author's deletion of any provisions of the License by operation of this
paragraph unreasonably compromises the rights or liabilities of the
Author or its licensors, the Author reserves the right to terminate
the License as your sole and exclusive remedy.
This Agreement is the entire agreement between you and the Author relating to
(i) supersedes all prior or contemporaneous oral or written communications,
proposals and representations with respect to its subject matter;
(ii) prevails over any conflicting or additional terms of any quote, order,
acknowledgement, or similar communication between the parties during the
term of this Agreement.
No modification to this Agreement will be binding, unless in writing and
signed by a duly authorised representative of each party.