End user agreement for Birthday Organizer
END-USER LICENSE AGREEMENT FOR PINDERSOFT SOFTWARE
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and PinderSoft for the PinderSoft software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the Product.
The Product, BIRTHDAY ORGANIZER, is referred to as SOFTWARE PRODUCT in this document.
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.
1. Grant of License.
a. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, PinderSoft hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of SOFTWARE PRODUCT and any accompanying documentation. You may install one copy of SOFTWARE PRODUCT on one computer, workstation, laptop, personal digital assistant, pager, "smart phone" or other electronic device for which SOFTWARE PRODUCT was designed (a "Client Device"). If SOFTWARE PRODUCT is licensed as a suite or bundle with more than one specified Software products, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
b. Use: SOFTWARE PRODUCT is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section 1. SOFTWARE PRODUCT is "in use" on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This license authorizes you to make one copy of SOFTWARE PRODUCT solely for backup or archival purposes, provided that the copy you make contains all of SOFTWARE PRODUCT'S proprietary notices.
c. Server-Mode Use. To the extent such use is specified in the applicable product invoicing or packaging for SOFTWARE PRODUCT, you may use SOFTWARE PRODUCT on a Client Device or on a server ("Server") within a multi-user or networked environment ("Server-Mode") for either (i) connecting, directly or indirectly, to not more than the maximum number of specified Client Devices, or (ii) deploying not more than the maximum number of agents (pollers) specified for deployment. If no such maximum number is specified, this is a single product use license subject to subsection (a) above. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to or actually accessing or using SOFTWARE PRODUCT. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing SOFTWARE PRODUCT (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to SOFTWARE PRODUCT can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of SOFTWARE PRODUCT does not exceed the use limits specified for the license you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all of the Documentation's proprietary notices.
d. Volume Use. If SOFTWARE PRODUCT is licensed with volume license terms specified in the applicable product invoicing or packaging for SOFTWARE PRODUCT, you may make, use and install as many additional copies of SOFTWARE PRODUCT on the number of Client Devices as the volume license terms specify. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which SOFTWARE PRODUCT has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documentation's proprietary notices.
a. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. When this agreement terminates, you must destroy all copies of SOFTWARE PRODUCT and the Documentation. You may terminate this Agreement at any point by destroying all copies of SOFTWARE PRODUCT and the Documentation.
a. During the term of this Agreement, you may download revisions and service packs to SOFTWARE PRODUCT when and as PinderSoft publishes them via its website or through other online services. Free updates, service packs and revisions pertain only to the major version you have licensed. Updating to a major version, (i.e. from version 2 to version 3) will require renewed licensing.
4. Ownership Rights.
a. SOFTWARE PRODUCT is protected by USA copyright laws and international treaty provisions. PinderSoft owns and retains all rights, titles and interests in and to SOFTWARE PRODUCT, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of SOFTWARE PRODUCT does not transfer to you any title to the intellectual property in SOFTWARE PRODUCT, and that you will not acquire any rights to SOFTWARE PRODUCT except as expressly set forth in this Agreement. You agree that any copies of SOFTWARE PRODUCT and Documentation will contain the same proprietary notices which appear on and in SOFTWARE PRODUCT and Documentation.
a. You may not rent, lease, loan or resell SOFTWARE PRODUCT. You may not permit third parties to benefit from the use or functionality of SOFTWARE PRODUCT via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product packaging for SOFTWARE PRODUCT.
b. You may not transfer any of the rights granted to you under this Agreement.
c. You may not reverse engineer, decompile, or disassemble SOFTWARE PRODUCT.
d. You may not modify, or create derivative works based upon SOFTWARE PRODUCT in whole or in part, nor copy SOFTWARE PRODUCT or Documentation except as expressly permitted in Section 1 above.
e. You may not remove any proprietary notices or labels on SOFTWARE PRODUCT. All rights not expressly set forth hereunder are reserved by PinderSoft. PinderSoft reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.
6. Warranty and Disclaimer.
a. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, SOFTWARE PRODUCT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM SOFTWARE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS.
b. PINDERSOFT MAKES NO WARRANTY THAT SOFTWARE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
c. PINDERSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO SOFTWARE PRODUCT AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability.
a. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PINDERSOFT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.
b. IN NO EVENT WILL PINDERSOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE PINDERSOFT CHARGES FOR A LICENSE TO SOFTWARE PRODUCT, EVEN IF PINDERSOFT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. Export Controls.
a. Neither SOFTWARE PRODUCT nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders.
b. By downloading or using SOFTWARE PRODUCT you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. High Risk Activities.
a. SOFTWARE PRODUCT is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of SOFTWARE PRODUCT could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). PinderSoft expressly disclaims any express or implied warranty of fitness for High Risk Activities.
a. This Agreement is governed by the laws of the USA and the European Union, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of SOFTWARE PRODUCT and is the entire agreement between the parties. This agreement supersedes any other communications with respect to SOFTWARE PRODUCT and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of PinderSoft. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by PinderSoft or a duly authorized representative of PinderSoft. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
a. Anyone distributing SOFTWARE PRODUCT for any kind of remuneration must first contact PINDERSOFT at the address below for authorization. This authorization will be automatically granted to distributors recognized as adhering to guidelines for software distributors, and such distributors may begin offering SOFTWARE PRODUCT immediately (However, PINDERSOFT must still be advised so that the distributor can be kept up-to-date with the latest version of SOFTWARE PRODUCT.).
b. Redistributors may place SOFTWARE PRODUCT on their website, a CD, or any other media they wish to distribute it on as long as they do not alter or change any part of the program or documentation, pertaining to article 5 above.
c. You may pass a copy of SOFTWARE PRODUCT along to third parties for evaluation.
d. Registered users may download the latest version of the SOFTWARE PRODUCT software and be eligible for bug fixes, support and service packs for the major version they have licensed for a period of about one year.
i. Example 1. You have licensed version 2 of SOFTWARE PRODUCT. You are eligible for free updates and service packs to 2.1, 2.2 etc. You will not be eligible to free updates to version 3.0 and better.
ii. Example 2. Registration numbers lost or misplaced will be replaced within one year of purchase, otherwise you will be required to purchase another registration number.
e. You may not redistribute, give away or sell the registration codes.
12. SOFTWARE PRODUCT is provided at no charge to the user for evaluation. If you find this program useful and are using SOFTWARE PRODUCT, and plan to continue using SOFTWARE PRODUCT after the trial period, you must make a registration payment to PinderSoft. See the Help for details on how to register.
13. PINDERSOFT CUSTOMER CONTACT. http://www.pindersoft.com. Email: firstname.lastname@example.org