End user agreement for Joke Sleuth
Software License Agreement
JokeSleuth for Windows
Copyright © 2006 JokeSleuth LLC - All Rights Reserved
NOTICE TO ALL USERS
Carefully read the following legal agreement ("agreement"), which sets forth license terms for JokeSleuth software. BY INSTALLING JokeSleuth, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. If someone else uses a copy of JokeSleuth installed by you, he or she may do so only subject to all conditions, obligations and limits described in this Agreement.
JokeSleuth LLC hereby licenses you for unlimited use of JokeSleuth on your personal computer(s), such as desktop and laptop, or for multiple users on a single personal computer, but not both, and to make one copy in machine-readable form for backup purposes only. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying JokeSleuth. Within any such copy, you must reproduce the copyright notices and any other proprietary legends that were on the original downloaded copy of JokeSleuth. No license, right or interest in any trademark, trade name or service mark of JokeSleuth LLC or any third party is granted under this License. You may not modify JokeSleuth or disable any licensing or control features of JokeSleuth except as an intended part of JokeSleuth's programming features. When you first obtain a copy of JokeSleuth, you are granted an evaluation period of not more than 30 days. You are expected to use JokeSleuth on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. After the 30-day evaluation period, you must pay for JokeSleuth according to the terms and prices discussed in JokeSleuth's documentation, or you must remove JokeSleuth from your system. This license is not transferable another organization or individual. Any reproduction or redistribution of JokeSleuth not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent allowable by law.
COPYRIGHT AND TITLE
JokeSleuth is protected by United States copyright laws and international treaty provisions. JokeSleuth and its suppliers own and retain all right, title and interest in and to JokeSleuth, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of JokeSleuth does not transfer to you any title to the intellectual property in JokeSleuth, and that you will not acquire any rights to JokeSleuth except as expressly set forth in this Agreement. You agree that any copies of JokeSleuth and Documentation will contain the same proprietary notices that appear on and in JokeSleuth and Documentation. The material (jokes) contained in JokeSleuth may be subject to copyright by parties other than JokeSleuth LLC. JokeSleuth LLC has no way of determining the copyrighted origins of this material as it has been freely distributed over the Internet, and therefore retains the right to eliminate any joke from future updates which is determined to be in violation of documented copyrights.
JokeSleuth is made available for downloading for use by end users according to this License Agreement. The unmodified distribution archive of JokeSleuth may be offered for evaluation purposes via download from any Internet web site, BBS or any other online or offline media, provided that no charge is made except for the media upon which it is distributed or the bandwidth utilized. Anyone offering the unmodified distribution archive must also take reasonable precaution to insure they are distributing the latest version of the program as available from the JokeSleuth web site. JokeSleuth LLC reserves the right to revoke distribution rights from anyone at any time without cause.
The Software may communicate with the JokeSleuth servers on a regular basis to check for available updates to the Software, such as database updates, bug fixes, patches, and new versions (collectively, "Updates"). By installing the Software, you agree to automatically request and receive the option to download these Updates. While JokeSleuth LLC plans to offer updates on a quarterly basis, no warranty is made in this respect. Purchase of JokeSleuth does not guarantee the availability of future updates.
You may not rent, lease, loan or resell JokeSleuth. You may not permit third parties to benefit from the use or functionality of JokeSleuth via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble JokeSleuth, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, JokeSleuth in whole or in part. You may not copy JokeSleuth or Documentation except as expressly permitted above. You may not remove any proprietary notices or labels on JokeSleuth.
This License is effective until terminated. You may terminate this License at any time by destroying JokeSleuth, and all copies thereof. This License will be construed as terminated immediately and without notice from JokeSleuth LLC if you fail to comply with any provision of this License. If this license is terminated for any reason, you must destroy JokeSleuth and all copies thereof. If JokeSleuth is uninstalled or otherwise removed from your system, your registry settings affected by JokeSleuth will be automatically returned to their original condition as logged during JokeSleuth installation.
You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all laws of the United States and other applicable laws and regulations.
This license will be governed by the laws of the state of Oregon and United States federal law as they are applied to agreements between United States residents entered into and to be performed entirely within the United States. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Privacy statement: JokeSleuth LLC strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users’ personal information, within the confines of the JokeSleuth domain. The JokeSleuth privacy statement found at <http://www.JokeSleuth.net/privacypolicy.html>, is incorporated in this Agreement by reference.
DISCLAIMER OF WARRANTY
JOKESLEUTH AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL JOKESLEUTH LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF, OR INABILITY TO USE, JOKESLEUTH, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) EVEN IF JOKESLEUTH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JOKESLEUTH LLC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
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 is the entire agreement between you and JokeSleuth LLC, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. Nothing herein is intended or shall be deemed to constitute any admission of liability.