End user agreement for Cybercorder 2000
CYBERCORDER 2000 SOFTWARE LICENSE AGREEMENT
IMPORTANT: READ THESE TERMS BEFORE COMPLETING INSTALLATION OF THE CYBERCORDER 2000 SOFTWARE. The Cybercorder 2000 software (the "Software") is not freeware. The Software you are installing is a full working unregistered version, which can be turned into a fully registered copy. As such, you may evaluate the Software for a maximum period of thirty (30) days after installation. If, after that time, you decide to continue using it, you must register it by paying a registration fee to Skyhawk Technologies. The Software will no longer be fully functional after the above described thirty (30) day evaluation period. For more details concerning the Software and the license fees associated with registration of Software please see the registration information included with this installation package or visit the Skyhawk Technologies online web site at: www.skyhawktech.com
This Cybercorder 2000 Software License Agreement ("Agreement") is between you (either an individual or an entity) and Skyhawk Technologies. By installing and/or using the Software, you agree to be bound by the terms of this agreement.
"Registered Users" are users of the Software who have received Registration Details including a single user license from Skyhawk Technologies.
"Site Licenses" are sites using the Software that have received Registration Details including a site license from Skyhawk Technologies.
"Registration Details" are a registered name and registration code provided by Skyhawk Technologies in return for your payment to Skyhawk Technologies of the applicable Software license fees.
"Registered Software" is that Software for which Skyhawk Technologies has supplied Registration Details to the user of the Unregistered Software.
"Unregistered Software" is the evaluation only copy of the Software that has no Registration Details.
Under the terms of this license you may:
1.1. Use the Unregistered Software on any number of computers at any one time; and
1.2. Copy and distribute verbatim copies of the Unregistered Software, in any medium, provided that you do not modify it in any fashion, keep intact all the notices that refer to this License and to the absence of any warranty, and do not pass on any User Registration Details which you have received. If you distribute copies of the Software, you shall not charge anything except the cost of the media and a fair estimate of the costs of computer time or network time directly attributable to the copying.
1.3. Registered Users are granted a non-exclusive, nontransferable license to use one copy of the Registered Software on only a single computer at any one time. The Registered Software is "in use" when it is loaded into random access memory or installed on a hard disk or other storage device (other than a network server). Installing the Registered Software on a network server solely for the purpose of internally distributing the Registered Software shall not constitute "in use", provided that you have a license for each computer to which the Registered Software is distributed. If the number of users of the Registered Software is reasonably anticipated to exceed the number of corresponding licenses, you shall ensure that the number of concurrent users does not exceed the number of licenses.
1.4. In the case of a Site License, all terms of the agreement except 1.3 apply. The purchase of a Site License grants a non-exclusive nontransferable license to use any number of copies of the Registered Software on any number of computers that are physically located at the licensed site. The Registered Software may not be redistributed or offered outside of the network that covers the physical location of the site.
You shall not:
2.1. Use, copy, modify, translate or merge the Software except as provided in this agreement;
2.2. Reverse-engineer, dissemble, or decompile the Software;
2.3. Sublicense, rent, lease, sell or assign any portion of the Software;
2.4. Transfer, provide or make available the Software to any other party except as provided for in section 1.2; or
2.5. Transfer Registration Details to any other party without the express written permission of Skyhawk Technologies
OWNERSHIP OF SOFTWARE.
The Software is owned by Skyhawk Technologies and is protected by United States Copyright laws, international copyright treaty provisions and trade secret laws. You shall treat the Software like any copyrighted material. Except for the limited license granted in this Agreement, all right, title and interest in and to the Software shall remain with Skyhawk Technologies.
Skyhawk Technologies warrants for a period of thirty (30) days after payment of the applicable Software license fee that the Registered Software will operate substantially in conformance with Skyhawk Technologies' public user documentation. Except as expressly stated above, the Software is provided "AS IS." You shall be entirely responsible for the selection of the Software and for the installation of, use of, and results obtained from, the Software. ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS ACCOMPANYING THE SOFTWARE, ARE EXCLUDED FROM THE LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
NO LIABILITY FOR DAMAGES.
IN NO EVENT SHALL SKYHAWK TECHNOLOGIES BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SKYHAWK TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKYHAWK TECHNOLOGIES' TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT OR TORT, WILL IN NO EVENT EXCEED THE SOFTWARE LICENSE FEES PAID BY YOU TO SKYHAWK TECHNOLOGIES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IMPORTANT COPYRIGHT INFORMATION.
Unauthorized recording or use of broadcast radio programming or other copyrighted material may violate applicable copyright laws. Skyhawk Technologies assumes no responsibility for the unauthorized duplication, use or other acts which infringe upon the rights of copyright owners.
You shall not export or re-export this Software, or any portion thereof. This license and your right to use the Software shall terminate automatically if you violate any part of this Agreement. In the event of termination, you shall immediately cease all use of the Software and destroy all copies of the Software. This Agreement is the sole and entire agreement between the parties relating to the subject matter hereof. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. Modifications and amendments to this Agreement shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled. This Agreement will be governed by the laws of the State of California, except for that state's conflict of laws provisions. This Agreement will not be governed by United Nation Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.
For future reference, this Agreement may be found in the file LICENSE.TXT in the downloaded and decompressed directory of the Software.