End user agreement for YoWindow
END-USER LICENSE AGREEMENT FOR YOWINDOW
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.
This End-User License Agreement ("EULA"), as amended from time to time, is a legal agreement between you (either an individual or a single entity) and Pavel A. Repkin ("DEVELOPER") for the YoWindow software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning SOFTWARE PRODUCT between you and DEVELOPER, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws. The SOFTWARE PRODUCT is licensed, not sold.
1. LICENSE FOR YOWINDOW FREE EDITION (YoWindow Free)
DEVELOPER grants you a limited, nonexclusive, nonsublicensable, and revocable right to use the freeware version of the Software Product called YoWindow Free.
1.1 You are allowed to use YoWindow Free for as long as you wish unless you violate the provisions of this agreement.
1.2 You agree that YoWindow Free has certain limitations and that these limitations may change over time without notice or obligation on the part of DEVELOPER. You are not allowed to undertake any attempts to remove the limitations, see the item 3.2 of the License Agreement.
1.3 YoWindow Free is being distributed as Freeware. It may be freely used, copied and distributed as long as it is not sold and all original files are included. You may use YoWindow Free on as many computers as you require.
1.4 While running YoWindow Free you may be presented with advertisements.
2. LICENSE FOR YOWINDOW UNLIMITED EDITION (YoWindow Unlimited)
DEVELOPER grants you a limited, nonexclusive, nontransferable and nonsublicensable right to use the commercial version of the Software Product called YoWindow Unlimited.
2.1 If you have paid for a YoWindow Unlimited license and received a valid License Key, you are deemed to have a single Licensed Copy of YoWindow Unlimited.
You may install and use YoWindow Unlimited on one computer or workstation for use by one or more persons and install a second copy of YoWindow Unlimited on another computer or workstation for the sole use by you.
For example, you and your family may use YoWindow Unlimited on one your home computer and you can also use the same license at your notebook.
If you want to install YoWindow on the third computer, you have to buy an extra License Key.
2.2 LICENSE ACTIVATION: You agree to the activation process for YoWindow Unlimited during which the manual entry of a license key may be required.
2.3 YOWINDOW CUSTOMERS DATA BASE: Personal data of customers that purchase YoWindow Unlimited is stored in YoWindow customers data base. Only the data that customers or their agents enter into the YoWindow Unlimited purchase web page are stored in the database. You hereby allow DEVELOPER to store this data on DEVELOPER's server. This data shall be used for purchase tracking, reactivation of YoWindow Unlimited licenses, refund and chargeback tracking and other customer service purposes.
DEVELOPER has implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Internet is an open system and DEVELOPER cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
2.4 You allow DEVELOPER to send infrequent product update newsletters and promotional offers to the e-mail and postal addresses stored in YoWindow customers data-base. You will be able to unsubscribe from this service as soon as you wish.
2.5 REFUNDS: DEVELOPER will refund the full amount paid for a license of YoWindow Unlimited if:
- The refund request is received by DEVELOPER within 30 days of the date of purchase of YoWindow Unlimited by you, and
- You provide Proof of Purchase, which can be the original e-mail receipt for YoWindow Unlimited, credit card or bank statement showing YoWindow Unlimited purchase.
2.6 Distribution Prohibited. You may not distribute copies of YoWindow Unlimited for use by any individual other than you. Distribution of YoWindow Unlimited by you to third parties is hereby expressly prohibited. You may not redistribute License Keys for YoWindow Unlimited.
3. GENERAL PROVISIONS FOR YOWINDOW FREE AND UNLIMITED
3.1 You may make copies of SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
3.2 MODIFICATIONS: You shall not cause or permit reverse engineering, disassembly, or decompilation of SOFTWARE PRODUCT. You shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from SOFTWARE PRODUCT.
3.3 SOURCE CODE: The license granted hereunder includes no rights in or to the source code version of SOFTWARE PRODUCT.
3.4 DERIVATIVE WORKS: You may not create derivative works based on the SOFTWARE PRODUCT.
3.5 RENTAL: You may not sell, rent, lease, or lend SOFTWARE PRODUCT.
3.6 COPYRIGHT: All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by DEVELOPER. All title and intellectual property rights in and to the content which may be accessed through the use of 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 DEVELOPER. You acquire only the right to use SOFTWARE PRODUCT and does not acquire any rights, express or implied, to SOFTWARE PRODUCT or media containing SOFTWARE PRODUCT other than those specified in this License.
3.7 DEVELOPER shall at all times retain all rights, title, interest, including intellectual property rights, in SOFTWARE PRODUCT and media.
3.8 NEW VERSIONS OF YOWINDOW: DEVELOPER, in its sole discretion, reserves the right to add or/and remove features or functions, or to provide programming fixes, updates and upgrades, to SOFTWARE PRODUCT.
You acknowledge and agree that DEVELOPER has no obligation to make available to You any subsequent versions of SOFTWARE PRODUCT.
You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of SOFTWARE PRODUCT.
3.9 Furthermore, You acknowledge and agree that DEVELOPER, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of SOFTWARE PRODUCT, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts. These measures may take effect because of violation of this license agreement.
3.10 NO WARRANTIES OF ANY KIND: YOWINDOW IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN YOWINDOW WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED EITHER BY YOU OR ANY THRID PARTY OR THAT THE OPERATION OF YOWINDOW WILL BE UNINTERRUPTED OR ERROR FREE OR THAT YOWINDOW ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF YOWINDOW IS WITH YOU. DEVELOPER MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM (THE VIRUS MAY HAVE INFECTED THE SOFTWARE PRODUCT IF YOU HAVE DOWNLOADED IT FROM THIRD PARTY WEB-SITES OR SOFTWARE CATALOGS).
3.11 DEVELOPER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DEVELOPER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
3.12 ANY MATERIAL, DATA OR INFORMATION, INCLUDING WEATHER-RELATED INFORMATION AND REPORTS, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YOWINDOW IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
3.13 DEVELOPER SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURANCY, USEFULNESS OR AVAILABLILITY OF ANY INFORMATION OR DATA TRANSMITTED VIA YOWINDOW, INCLUDING WEATHER-RELATED INFORMATION AND REPORTS.
3.14 LIMITATION OF LIABILITY: IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY DAMAGES CAUSED BY YOWINDOW INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED EITHER BY YOU OR ANY THIRD PARTY, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.15 Because the SOFTWARE PRODUCT is provided "as is", DEVELOPER may not provide support services for it. However, in most cases your questions will be answered either by our support team or the members of our community in YoWindow forum.
3.16 PROTECTION OF YOUR COMPUTER (RESOURCES): You understand that SOFTWARE PRODUCT will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communication, however, You acknowledge and agree that DEVELOPER cannot give any warranties in this respect.
3.17 TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling SOFTWARE PRODUCT and deleting all its files. This License will terminate immediately without notice from DEVELOPER if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall SOFTWARE PRODUCT and delete all its files.
3.18 EXPORT LAW ASSURANCE: You shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither SOFTWARE PRODUCT, nor any direct products thereof are exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If SOFTWARE PRODUCT has been rightfully obtained by you outside of the United States, you agree that you will not re-export SOFTWARE PRODUCT nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained SOFTWARE PRODUCT.
3.19 SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
NEW VERSIONS OF AGREEMENT: DEVELOPER reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on DEVELOPER Website. Your continued use of SOFTWARE PRODUCT shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Last revised: November, 2 2009