End user agreement for SpellExpress(tm) -- Instant Spell-Check, Thesaurus & Dictionary
Nobe SpellExpress - Instant Spell-Check & Thesaurus
IMPORTANT - READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Nobe, Inc. End-User License Agreement ("EULA").
This Nobe, Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Nobe, Inc. for the Nobe software product(s) identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Nobe. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE 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 or use the SOFTWARE PRODUCT; you may, however, return unused software to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
Subject to payment of applicable license fees Nobe, Inc. grants you a non-exclusive and non-transferable license (without the ability to sublicense). With a valid license this EULA grants you the following rights:
a. You may install and use ONE PRIMARY copy of the SOFTWARE PRODUCT on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER").
b. You may install and use ONE SECONDARY copy of the SOFTWARE PRODUCT on a single secondary computer, including a workstation, terminal or other digital electronic device ("COMPUTER"), for which you are the primary user.
2. SOFTWARE EVALUATION
You are licensed to use this SOFTWARE solely for purposes of demonstration, testing, and evaluation of the SOFTWARE without charge. During evaluation period you may not use the SOFTWARE for any commercial or production purposes. Upon expiration of the evaluation period you must destroy all copies of SOFTWARE in your possession unless you pay all applicable fees to continue using the SOFTWARE.
3. EVALUATION SOFTWARE DISTRIBUTION
You may, without making payment to Nobe, Inc.:
a. Distribute original evaluation versions of the SOFTWARE PRODUCT, except for the purpose of extending the evaluation period. The original evaluation version, including the installation package and EULA, must be as originally distributed by Nobe Inc.
b. Make exact copies of the SOFTWARE PRODUCT, for purposes of distribution as described in (a) of this section.
Tampering with the SOFTWARE PRODUCT or SOFTWARE PRODUCT installation package, in any way, voids this evaluation distribution section.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without the prior written consent from Nobe, Inc. Nobe, Inc. reserves the right to revoke the above distribution rights at any time, for any or no reason.
4. BACKUP COPY
After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Nobe, Inc. solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. Specific exceptions are made for the Evaluation Version of the SOFTWARE PRODUCT and are outlined in the SOFTWARE EVALUATION and EVALUATION SOFTWARE DISTRIBUTION sections.
Nobe, Inc. may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. On termination, you must destroy all copies of the SOFTWARE and all of its component parts.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Nobe, Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Nobe, Inc.
7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOBE, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOBE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NOBE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NOBE, INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $1.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.