End user agreement for Pluckit
END-USER LICENSE AGREEMENT FOR PLUCKIT
The DeKaf Company does not represent any Internet service provider. This Agreement does not in any way alter any relationship(s) you may have with any Internet service provider.
PLUCKIT is shareware. A registration code must be obtained from The DeKaf Company to convert the unregistered form of PLUCKIT into the registered, fully-functional form.
PLUCKIT is not sold. It is licensed by The DeKaf Company to the original customer and to any subsequent licensee for use only on the terms set forth below.
Any questions concerning this Agreement should be referred in writing to The DeKaf Company, Attn: Licensing Dept., 6340 Lake Worth Blvd. # 281, Fort Worth, TX 76135.
BY USING PLUCKIT, WHETHER YOU DOWNLOADED IT OR OBTAINED IT IN ANY OTHER MANNER, YOU ARE ACCEPTING THE TERMS OF THIS AGREEMENT.
LICENSE AND LIMITED WARRANTY AGREEMENT FOR PLUCKIT
1. Install and use the UNREGISTERED software on any computers under your immediate control.
2. Terminate this license by destroying the original and all copies of the software in any form.
3. Give exact copies of the UNREGISTERED form of PLUCKIT to anyone provided It is given away free of charge (nominal charges for the cost of media are permitted).
4. Make a backup copy of the REGISTERED form of PLUCKIT to protect your investment.
YOU MAY NOT:
1. Loan, rent, lease, give, sub-license or otherwise transfer the REGISTERED FORM of PLUCKIT or its registration code (or any copy), in whole or in part, to any other person or entity.
2. Distribute the REGISTERED OR UNREGISTERD FORMS of the software and/or documentation with other products (commercial or otherwise) without the prior written permission of The DeKaf Company.
3. Loan, rent, lease, give, sub-license or otherwise transfer the software (or any copy), in whole or in part, to any other person or entity, except as noted above.
4. Copy or translate the software, except as noted in above.
5. Copy or translate any of the User documentation (whether paper or electronic) included with the software, except as noted above.
6. Make any alterations or adaptations to the software.
7. Decompile, disassemble or otherwise reverse engineer the software.
8. Use the REGISTERED form of PLUCKIT on more than one computer. A separate license is required for each computer that the REGISTERED version of PLUCKIT resides upon.
This license will terminate automatically if you fail to comply with the terms and conditions set forth above. Such termination shall be in addition to and not in lieu of any other remedies available to The DeKaf Company.
All title and copyrights in and to PLUCKIT (including but not limited to any images, documentation, media, online documentation, text, and "web integration" incorporated into PLUCKIT ), the accompanying printed materials, and any copies of PLUCKIT retail version are owned by The DeKaf Company or its authorized agents. As a licensee, you own the media on which PLUCKIT is recorded, but The DeKaf Company and all Third Party Suppliers retain title and ownership to PLUCKIT recorded on the media and all copyright and other intellectual property rights therein. This license is not a sale of PLUCKIT, or any copy.
NO WARRANTIES. - THE DEKAF COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY for PLUCKIT. The PLUCKIT software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the PLUCKIT software remains with you.
NO LIABILITY FOR DAMAGES. In no event shall The DeKaf Company or its suppliers be liable for any 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 PLUCKIT, EVEN IF THE DEKAF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DEKAF COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DEKAF COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF PLUCKIT, ITS ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, OR CURRENTNESS. THE ENTIRE RISK OF USING PLUCKIT, IS ASSUMED BY YOU.
The DeKaf Company does not warrant or guarantee that PLUCKIT retail version, is error-free or that defects in PLUCKIT, will be corrected. The DeKaf Company does not warrant or guarantee that all Software versions will be provided with similar features or functionality. The DeKaf Company does not warrant or guarantee 1) that PLUCKIT, will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that PLUCKIT, will not retrieve adult-oriented material, or material which some individuals may deem objectionable. It is your sole responsibility to isolate software and execute anti-contamination software or otherwise take steps to ensure that software, if contaminated or infected, will not damage your information or system.
The DeKaf Company is not responsible for any special, incidental, indirect or consequential damages. In no event will The DeKaf Company's liability with respect to this license agreement exceed the amount you paid to The DeKaf Company for PLUCKIT retail version. IN NO EVENT WILL THE DEKAF COMPANY BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE PLUCKIT, EVEN IF THE DEKAF COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE DEKAF COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The DeKaf Company may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.
This Agreement shall be treated as though made and performed entirely in Tarrant County Texas. Any action under it shall be governed by the laws of Texas and the United States. This Agreement constitutes the entire agreement between you and The DeKaf Company independent of any previous statements or writings by anyone. Should any of this Agreement's provisions be held void or ineffective, all others will remain in effect.
PLUCKIT is a copyrighted work, protected as such under the laws of the United States and international treaties.
U.S. Government Restricted Rights This software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software * Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is The DeKaf Company, 6340 Lake Worth Blvd. #281, Fort Worth, Texas, 76135.