End user agreement for FRSLinkCheck
Fourth Ray Software's
End-User License Agreement
After carefully reading this agreement, you must either press the "I Agree" button to accept this agreement, or the "Cancel" button to not accept this agreement. Pressing the Cancel button will not install the application on your computer.
This End-User License Agreement, henceforth called "EULA", pertains to the FRSLinkCheck product and its associated online documentation (called "Software" in this Agreement) in the downloaded software executable, CD-ROM, diskettes, associated media, printed materials, and/or electronic documentation. Read the terms and conditions of this EULA before installing or otherwise using Software.
This EULA is a legal agreement between you, ("Customer", "You", or "you" in this agreement), and Fourth Ray Software, Houston, Texas ("Company" in this agreement). By installing or otherwise using any part of above Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you must uninstall Software, and delete all copies of Software's installation executable.
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to Company. Provided you have paid all applicable fees, and otherwise complied with this EULA, Company grants you the following personal, non-exclusive, non-transferable, limited rights:
You may use Software on any individual single computer; use Software on a local-area-network, provided that each individual accessing Software through the network has a copy licensed to that individual; use Software on a second computer so long as only one copy is used at a time; or copy Software for archival purposes, provided any copy contains all of the original Software's proprietary notices.
You may not decompile, disassemble, extract, or otherwise reverse engineer any of Software. You shall not have the right to obtain or use any source code for Software, nor copy, reproduce, or distribute Software except as provided above. You may not rent, lease, or loan Software, nor use the Software to render time sharing of service bureau services. You may not use Software in a Software production "foundry" environment to make third party Software ready for manufacture or installation. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.
If you have not paid for your license, and therefore are using the trial version of Software, you agree to stop using Software after 21 days, UNLESS you purchase your license for Software. After the trial period you must uninstall Software if you do not intend to purchase a license for said Software.
You may use Software icon only when associated with a listing or review of Software.
You may not distribute the license key you receive from Company once you have paid for your license. This is your unique key that identifies you as the official, legal user of Software. Your license key may not be distributed to others, even if you never intend to use Software again. Each person must purchase his or her own license key to be a legitimate user of Software.
2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
Software is copyrighted 2004-2010 Fourth Ray Software. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of Software may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission of Company. Company asserts its "Moral Right" to be identified as the author of this work, in all jurisdictions that recognize the "Moral Right."
3. TRADEMARKS AND SERVICE MARKS
Company owns a number of Trademarks ("Marks" in this agreement). These Marks are extremely valuable to Company and shall not be used by you, or any other person, without Company's express written permission, except as stated above. The Marks include, but are not necessarily limited to the following: Fourth Ray Software icon, the FRSLinkCheck name, and the FRSLinkCheck icon. Company expressly reserves the right to use additional registered and unregistered Marks in connection with its business, and such additional registered and unregistered Marks shall be entitled to full protection under applicable law. Any use of any Company's Marks shall be deemed an intentional and willful violation of substantial rights of Company.
In addition to Company's Marks, Software may include trademarks or service marks owned by other corporations. These other marks include Windows®, which is a registered trademark of Microsoft Corporation.
4. WARRANTY, REMEDY, AND LIMITATIONS
Company grants you a limited warranty that Software will perform in substantial accordance with the accompanying online documentation for ninety (90) days following your receipt of Software. This is your only warranty.
Company's entire liability and your exclusive remedy for any claim you may have against Company shall be, at Company's option, (i) return of amounts paid for the applicable software; or (ii) repair or replacement of Software which does not meet the above limited warranty.
Some states do not allow certain warranty limitations, so the restrictions of this section 4 will apply to the full extent permitted by applicable law.
Unless otherwise stated above, Software sold with this publication is provided "as is" without warranty of any kind either expressed or implied, including but not limited to the implied warranties of merchantability and fitness. The entire risk arising out of the use or performance of this Software remains with you. In no event will Company or any of its suppliers be liable for any lost profits, lost files, lost data, lost savings, direct, incidental or indirect damages, or other economic or consequential damages, even if they have been advised of the possibility of such damages.
Company reserves the right to modify this EULA at any time without obligation to notify anyone. The latest copy is always distributed as part of the FRSLinkCheck's electronic documentation, and can be reviewed by you at any time. In no event shall Company's or its suppliers' liability under this agreement exceed the sum of any amounts paid hereunder by you to Company or the suppliers.
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall destroy all copies of Software. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time (with no obligation on the part of Company) by destroying all copies of Software, deleting any copies of the Software from your hard drives, ceasing all use of Software; and providing satisfactory proof to Company that you have done so. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated.
If Software is designated by Company as an upgrade ("Upgrade" in this agreement) product, then you may only use Software if you are also currently a licensed user, or evaluating Software during the 21-day trial period, of the base product to which the Upgrade applies. Unless the Company documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. Company reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to any such Upgrades. Software may communicate with Company's server from time to time to check for available updates to Software, such as bug fixes, patches, enhanced functions, missing documentation and data files, and new versions (collectively, "Upgrades"). By installing Software, you agree to automatically request and receive Upgrades.
The claim "free upgrades" or "upgrades are free" only applies to the fact that Company will not charge you a fee for Upgrade. Any additional costs associated with you obtaining Upgrade remain with you.
Software does not communicate personally-identifiable information back to Company, nor any third party. Software does not upload data nor data files back to the Company server, nor any third party. Company reserves the right to have Software communicate Customer license serial number back to the Company server to verify legitimacy of Software after Customer has purchased a serial number for Software.
8. GENERAL/MISCELLANEOUS CLAUSES
This EULA shall be governed by and construed under the substantive laws applicable to the State of Texas, United States of America. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
You, the undersigned, agree that this EULA is entered into at Houston, Texas, United States of America. You further agree that any legal or equitable dispute brought or arising under this Agreement shall be brought in the State and Federal courts for Houston, Texas. This Agreement constitutes the entire Agreement between the undersigned about the subject matter, and shall not be modified except as provided above, or in writing signed by the undersigned.