End user agreement for IRonDooM
IRoNDooM - http://www.irondoom.net
Copyright (C) by S.Panin, 2006 - 2008 All Rights Reserved
End-User License Agreement (EULA)
Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates Your acceptance of these terms.
This IRoNDooM End-User License Agreement ("EULA") is a legal agreement between You, the end user who obtained the above-identified IRoNDooM software product (including any legal entity for whom this software product was obtained), and Author.
By installing, copying, or otherwise using the SOFTWARE, You acknowledge that You have read this EULA and that You understand it and agree to be bound by its terms.
This EULA comes into force when You accept all the conditions stated herein by choosing the “I accept the terms of the license agreement” declaration followed by the “Next” command on Your computer screen, and is binding for the entire period of the SOFTWARE copyright.
The SOFTWARE is protected by copyright laws and international treaty provisions. You agree that this EULA is enforceable like any written negotiated agreement signed by You. This EULA is enforceable against You and any legal entity that obtained the SOFTWARE and on whose behalf it is used.
If the SOFTWARE is accompanied by a hard copy of this EULA, in the case of any discrepancies in content between the text of this EULA and the text in the enclosed hard copy, the text in the hard copy shall prevail.
If You do not agree with the terms of this EULA, do not use the SOFTWARE and choose the “I do not accept the terms of the license agreement” declaration and proceed by selecting the “Cancel” command. You may obtain a refund of the amount You originally paid if You:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media and packaging, with the proof of payment, to the place where You bought the SOFTWARE, within thirty (30) days starting from the date of purchase unless otherwise stipulated by the laws of the country where You purchased the SOFTWARE and the return policy of the seller from whom You purchased the SOFTWARE.
"Author" - S Panin.
“You” and “Your” refers to and includes any person and/or any legal entity that obtained this SOFTWARE and on whose behalf this SOFTWARE is being used.
Grant of License
1.1 Subject to Your compliance with the terms of this EULA, author grants You a non-exclusive limited right (the “License”) enabling You to use the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and “applets” incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies solely as set forth below. All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2.1 Author represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and "applets" incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2 All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA does not purport to transfer the ownership of such intellectual property.
2.3 Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of Author’s and/or third parties’ intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to You under this EULA.
2.4 Reservation of rights. All rights not expressly granted are reserved by author.
Using the SOFTWARE
3.1 If Your version of the SOFTWARE is named “IRoNDooM,” You may install and use one copy of the SOFTWARE on Your office computer and Your home computer only. You may not install the SOFTWARE on more than two computers and You may not use the SOFTWARE on more than one computer at a time.
4.1 You may create Your own databases for the programs included in the SOFTWARE if such a feature is provided by this SOFTWARE.
Redistribution of the SOFTWARE
5.1 Any re-distribution of the SOFTWARE is strictly prohibited. Redistribution includes, but is not limited to selling, renting, leasing, or lending the SOFTWARE unless otherwise stipulated in a separate agreement with Author.
6.1 You may not be able to exercise Your rights to the SOFTWARE under this EULA unless You activate Your copy of the SOFTWARE. When You activate Your copy of the SOFTWARE, no personal information will be transmitted to author. Activation is completely anonymous.
6.3 You may not perform or make it possible for other persons to perform any activities included in the list below:
6.3.1 Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases, and any and all SOFTWARE component parts), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such non-disclosure is permitted by law and it must be promptly disclosed to Author. All such information shall be deemed to be confidential and proprietary information of Author.
6.3.2 Modify, adapt or translate the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
6.3.3 Rent, lease, sublicense, assign or transfer any rights granted to You by this EULA and other rights related to the SOFTWARE to any other person or authorize all or any portion of the SOFTWARE to be copied onto another computers unless otherwise stipulated in a separate agreement with Author.
6.3.4 Make it possible for any person not entitled to use the SOFTWARE and working in the same multi-user system as You to use the SOFTWARE.
Software for Trial Purposes
7.1 If the SOFTWARE is labeled "Try&Buy,” “Trial” or “Demo,” then this section shall apply until such time that You purchase a License for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an “as is” basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE.
8.1 If the SOFTWARE is labeled as an upgrade, You must be properly licensed to use a product identified by Author as being eligible for the upgrade in order to use the SOFTWARE.
8.2 The SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for Your eligibility for the upgrade.
8.3 Once You have installed the upgraded product, Your previous EULA is considered null and void.
8.4 You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with the product.
9.1 Unless otherwise agreed by You and Author, this EULA is effective until terminated.
9.2 . In such an event, You must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.
9.3 You may terminate this EULA by destroying the SOFTWARE and accompanying documentation and all copies thereof.
9.4 Such termination does not relieve You of Your obligation to pay for the SOFTWARE.
10.1 The SOFTWARE, any upgrades and updates are being delivered to You “as is” and Author makes no warranty of any kind. Author does not and cannot warrant the performance or results You may obtain by using the SOFTWARE.
Except for any warranty, condition, representation, or term to the extent to which the same cannot or may not be excluded or limited by law applicable to You in Your jurisdiction, Author makes no warranties, conditions, representations or terms (express or implied whether by statue, common law, custom, usage or otherwise) as to any matter, including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, or that the SOFTWARE will carry no errors, meet Your requirements, or that the SOFTWARE will function properly when used in conjunction with any other software or hardware, and the entire risk as to the quality and performance of the SOFTWARE lies with You.
10.2 Author makes no warranties for any third party software products which may be supplied within the SOFTWARE.
Limitation of Liability
11.1 In no event will Author be liable to You for any damages, business interruption, loss of data or information of any kind, business or otherwise, claims or costs whatsoever, or any consequential, indirect, incidental damage, or any lost profits or lost savings resulting from and/or relating to the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE, even if Author has been advised of the possibility of such loss, damages, claims or costs, or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in Your jurisdiction. Author’s sole and aggregate liability under or in connection with this EULA shall be limited to the purchase price originally paid for the SOFTWARE, if any. Nothing contained in this EULA limits Author’s liability to You in the event of death or personal injury resulting from Author’s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction specific information in article 20 of this EULA, if any.
11.2 You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of the SOFTWARE and Your computer data subject to the provisions of this EULA.
12.1 The SOFTWARE shall not be exported or re-exported in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are nor prohibited under applicable laws from receiving the SOFTWARE.
13.1 You agree to indemnify, hold harmless, and defend Author from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorney’s fees that may arise from or relate to the use of and/or reliance on the SOFTWARE.
14.1 If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA shall not prejudice the statutory rights of any party dealing as a consumer.
Copyright (C) by S.Panin, 2006 - 2008 All Rights Reserved
E- Mail: email@example.com
Official site of the program: http://www.irondoom.net