End user agreement for Desktop Dolphin Coloring Book
END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
Please read the following carefully.
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE DESKTOP DOLPHIN COLORING BOOK SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
EVALUATION LICENSE (Unregistered / Trial Version)
Delfyn Software grants you the right to install and use the unregistered copy of the SOFTWARE on one computer for up to thirty days, after which you must either delete its files from your computer, or purchase the Licensed Version.
"Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE'S programming features.
GRANT OF LICENSE FOR REGISTERED USERS
Delfyn Software grants the non-exclusive, non-transferable license for a single user or household (as defined below) to use the SOFTWARE on a single computer or multiple computers which serve the members of a single household or to support up to the number of simultaneous users for which you have paid the license fee, and to make one backup copy of the SOFTWARE, provided that: (i) the SOFTWARE is installed on only one personal computer or computers of one single household; (ii) the SOFTWARE is NOT modified; (iii) all copyright notices are maintained on the SOFTWARE; and (iv) you agree to be bound by the terms of this License Agreement. The SOFTWARE and Documentation shall be used only by you or members of your immediate household, only for your own personal use and not in the operation of a service bureau or for the benefit of any other person or entity. Each additional user (or household) of the SOFTWARE Product requires an additional SOFTWARE Product License. A household is defined as you, your spouse, and any dependents living within your residence.
IF YOU PURCHASE A SITE LICENSE
Under the terms of a Site License, you may distribute and install an unlimited number of copies of the SOFTWARE on any and all computers located at one specified physical Site. A Site is a single contiguous physical location controlled by a single organization. An unlimited number of users may access the SOFTWARE simultaneously within the specified Site.
You have no ownership rights in the SOFTWARE. Rather, you have a license to use the SOFTWARE as long as this License Agreement remains in full force and effect. Ownership of the SOFTWARE, Documentation and all intellectual property rights therein shall remain at all times with Delfyn Software. Any other use of the SOFTWARE by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
The SOFTWARE and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Delfyn Software. You may not remove any proprietary notice of Delfyn Software from any copy of the SOFTWARE or Documentation.
The UNREGISTERED/TRIAL version of the SOFTWARE may be freely copied and distributed to other users for their evaluation on the understanding no attempt is made to sell or otherwise personally or financially gain from the distribution of the SOFTWARE, and all file's provided, remain intact, unchanged, and in full, including, but not limited to: EULA, DISTRIBUTION, Copyright information, and the SOFTWARE.
If you offer this UNREGISTERED/TRIAL version of the SOFTWARE installation package for download, then you agree to the following:
(i) You may not list the SOFTWARE on websites that charge for access to listings, downloadable files or other such material.
(ii) You may not "bundle" the SOFTWARE with ANY product and/or service that has not been developed and/or [is] provided by Delfyn Software.
(iii) If including the SOFTWARE on media such as CD-ROM, DVD, floppy diskette, then Delfyn Software must be informed prior to your doing so. Additionally, Delfyn Software reserves the right to be sent a copy of such media without charge, monetary or otherwise.
(iv) You will replace existing versions of the UNREGISTERED SOFTWARE installation package with the new package immediately after a new version of the SOFTWARE is released by Delfyn Software, or delete an obsolete version of the SOFTWARE installation package immediately upon written email notice by Delfyn Software.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the SOFTWARE or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the SOFTWARE, nor shall you attempt to create the source code from the object code for the SOFTWARE.
You acknowledge that the SOFTWARE contains proprietary trade secrets of Delfyn Software and you hereby agree to maintain the confidentiality of the SOFTWARE using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the SOFTWARE, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key.
DELFYN SOFTWARE WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND DELFYN SOFTWARE'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT DELFYN SOFTWARE'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY DELFYN SOFTWARE REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELFYN SOFTWARE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELFYN SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL DELFYN SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF DELFYN SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELFYN SOFTWARE'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE USA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE USA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF DELFYN SOFTWARE AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Delfyn Software all copies of the SOFTWARE and Documentation in your possession or under your control. Delfyn Software may terminate this License Agreement for any reason, including, but not limited to, if Delfyn Software finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Delfyn Software all copies of the SOFTWARE and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the USA without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Pend Oreille County, Washington, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.