End user agreement for CD Start-It Lite
SOFTWARE LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND APPLIED SOFTWARE DESIGN, LLC (“LICENSOR”). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL, COPY OR USE THE SOFTWARE.
Part I. General License
A. “Auto Start Files” means files created by CD Start-It (the “Software”) for the express purpose of being placed on a CD-ROM for creating an auto starting CD.
B. “User” means the business, individual, and/or legal entity who purchases or owns a license for the software.
C. “Author” means Applied Software Design, LLC.
D. “Clients” means any business, individual, and/or legal entity who receives or runs a CD containing Auto Start Files.
1.2. License Grants:
A. License for the Software. Licensor grants you the non-exclusive right to install and use copies of the Software on your machine. You may install and use copies of the Auto Start Files continued use of the Software pursuant to the individual license type in connection with the General License as specified in Parts II, III, and IV of this License Agreement. There are three different licensing options for CD Start-It (the “Software”): Home User License, Business User License, and Business Author License. In addition to the terms and conditions defined by these three individual license types, the General License terms apply to and are incorporated in all three licensing options described in Parts II, III and IV. The demo version of CD Start-It is bound to the terms and conditions of the CD Start-It General License Agreement. If you enjoy using our demo, we encourage you to purchase one of our three available licenses. Licensed users of CD Start-It can produce CDs without a MyCustomCD banner ad.
1.3 License Restrictions:
A. You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
B. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
C. You may not sell, rent, lease, or sublicense the Software.
D. You may not modify the Software or create derivative works base upon the Software.
E. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
F. In the event that you fail to comply with this License, Licensor may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this License surviving any such termination).
G. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
This license gives you a limited license to use the Software. Licensor and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this License, including Federal and International Copyrights, are reserved by Licensor and its suppliers.
1.5 Warranty Disclaimer:
A. THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS” BASIS. LICENSOR PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE.
B. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. LICENSOR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANT OF FITNESS FOR SUCH PURPOSES.
C. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
D. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
E. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
F. LICENSOR SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
1.6 Limitation of Liability:
A. NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
B. LICENSOR TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $5 FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
C. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
D. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS LICENSE.
1.7 Basis of Bargain:
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between Licensor and you. Licensor would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of Licensor.
1.8 U.S. Government Restricted Rights Legend:
This Software and the documentation are provided with “RESTRICTED RIGHTS” applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the US Government is subject to restrictions as set forth in the License and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii) (Oct. 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
1.9 Support and Updates:
Your use of the Software and support or services, if any is “AS IS” and at your own risk. Licensor undertakes no obligation to support the Software or services, but if support is provided, it will be pursuant to terms in the Software documentation or other materials provided by Licensor. Any updates or upgrades to the Software shall be considered part of the Software and subject to the terms and conditions of this Agreement.
The law governing this License shall be the law of the Commonwealth of Virginia without giving effect to its conflict of law principles. You expressly agree to settle any disputes arising out of or related to this License by binding arbitration under the rules of the American Arbitration Association, in Virginia Beach, Virginia. The exclusive jurisdiction and venue of court action relating to this provision or such arbitration shall be held in Virginia Beach, Virginia. This License may be assigned by Licensor to third parties. The user acknowledges that they may be held liable for damages if they are found to be in violation of the General License Agreement or the additional license agreement for this license type. Any action or permissions not explicitly granted by this License in conjunction with the Home User, Business User, or Business Author license agreements are prohibited. The user also agrees to use this product in a moral and lawful way, and to comply with all applicable state and federal regulations associated with using the software. The user and any associated parties agree not to hold the author responsible for any misuse or illegal activity on their part as the user. Furthermore, the user takes on the responsibility that this License is made known to any and all of their clients receiving a CD Start-It configured CD, and that they too agree to this License in its entirety before viewing any CD configured with the software.
1.11 This License contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree than any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Licensor to exercise any of its rights under this License or upon any breach of this License shall not be deemed a waiver of those rights or of the breach.
1.12 No dealer, agent or employee is authorized to make any amendment to this License.
1.13 If any provision of the License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
1.14 The Software shall not be used to author CDs that:
A. Contain content which promotes activities that would be defined as illegal under U.S. Law and (if the customer is not a U.S. resident) the laws of their respective country.
B. Contain pornography.
C. Promote pyramid, work-from-home or get-rich-quick schemes.
D. Contain copyrighted content such as music/movies/software/other digital content, that the user does not have a legal right to distribute.
E. Contain content that can be categorized as hate speech; or
F. Contain content which promotes terrorism.
Part II. CD Start-It Home User License
2.1 This section defines the terms and conditions of the CD Start-It Home User License. All provisions of Part I (the General License) are incorporated herein.
2.2 The Home User License is bound to the terms and conditions of the CD Start-It General License Agreement.
2.3 The user may use Auto Start Files only for personal use according to the following:
A. The user may use Auto Start Files for user’s own personal or educational use.
B. The user may not distribute or sell or make any profit on Auto Start Files or charge for any service related to the Software.
Part III. CD Start-It Business User License
3.1 This section defines the terms of the CD Start-It Business User License. All provisions in Part I (the General License) are incorporated herein.
3.2 The Business User License is bound to the terms and conditions of the CD Start-It General License Agreement.
3.3 The user may distribute Auto Start Files only for personal or business use according to the following:
A. The user may distribute Auto Start Files only for personal use or for their own business use provided that such use is not covered under the CD Start-It Business Author License.
B. The user may NOT (i) distribute Auto Start Files advertising a for-profit service or business other than their own business; (ii) barter, sell, or otherwise distribute Auto Start Files as a service to other users; or (iii) sell “gold-mastering” or other “master disk” services using the software.
Part IV. CD Start-It Business Author License
4.1 This section defines the terms of the CD Start-It Business Author License. All provisions in Part I (the General License) are incorporated herein.
4.2 The Business Author License is bound to the terms and conditions of the CD Start-It General License Agreement.
4.3 The user may distribute Auto Start Files for personal or business use according to the following:
The user may (i) distribute Auto Start Files for personal use or for business use; (ii) sell “gold-mastering” or other “master disk” services using the software; and (iii) barter, sell, or otherwise distribute Auto Start Files to other users.
4.4 This document is subject to changes or additions at any time without notice. You should consult a lawyer experienced in intellectual property rights for clarification of this document. This License applies to version 1.0 and all subsequent versions of the Software. For an updated copy of this document, visit our website at http://www.mycustomcd.com or write to us at firstname.lastname@example.org.