End user agreement for Doctor Aquarium
DOCTOR AQUARIUM LICENSE AGREEMENT
BY SELECTING THE ACCEPTANCE RADIO BUTTON OR INSTALLING OR USING THE DOCTOR AQUARIUM SOFTWARE, YOU AGREE ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT THAT YOU OR SUCH ENTITY ARE BOUND BY, AND A PARTY TO, THIS AGREEMENT AS THE "LICENSEE." IF YOU OR THE ENTITY YOU REPRESENT DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST PRESS THE CANCEL BUTTON, AND YOU MUST NOT INSTALL OR USE THE DOCTOR AQUARIUM SOFTWARE, AND YOU OR THE ENTITY YOU REPRESENT, DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
a) "Agreement" means this DOCTOR AQUARIUM License Agreement.
b) "Product" means the DOCTOR AQUARIUM program.
c) "DOCTOR AQUARIUM" means the executable code version of the Main Program and any file or plugin, which is a part of DOCTOR AQUARIUM, in any version or edition, and name.
d) "Main Program" means the executable code portion of the DOCTOR AQUARIUM program which hosts Plugins, and is not itself a Plugin. The Main Program is the program identified as DOCTOR AQUARIUM at the following URL: http://www.draquarium.com/software.html
e) "Plugin" means a program which interacts with the Main Program, that changes the functionality of the DOCTOR AQUARIUM program, and includes any files that define how it should behave, and the graphics that create the visual look, and interface of the plugin.
f) "Update" means a revision to the DOCTOR AQUARIUM program, file or plugin. It is designated by a change in the version number.
g) "Documentation" means the help pages hosted on the draquarium.com website, and which may also be accessible through the DOCTOR AQUARIUM Help menu.
1. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement.
2. TRIAL TERM. DOCTOR AQUARIUM is distributed as fully functional, uncrippled trial version software. You are entitled to evaluate DOCTOR AQUARIUM for a period of up to 30 days free of charge. After the 30 day trial period, you are required to register the DOCTOR AQUARIUM program, otherwise Licensee's right to use the Product shall terminate immediately and without notice at the end of the 30 day trial period. Upon termination, Licensee shall destroy all copies of the Product. Continued use of DOCTOR AQUARIUM, beyond the 30 day trial period without registration is illegal.
3. LICENSE GRANT. Provided Licensee complies with the terms and conditions of this Agreement and has paid the applicable license fees. SEAAPPLE Software grants the Licensee a personal, non-exclusive, and non-transferable license to install and use the DOCTOR AQUARIUM program. Upon SEAAPPLE's receipt of the applicable license fees, a serial number key will be issued to Licensee to unlock the DOCTOR AQUARIUM program, and remove trial version restrictions.
In situations where multiple persons will use the product, you must purchase an individual license for each member of the group using the program (the licenses as a whole is called a "site license").
4. RESTRICTIONS ON USE.
Licensee may not:
(i) Modify or create any derivative works of the Product.
(ii) Decompile, reverse engineer, disassemble, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Product, or (b) defeat, bypass, avoid, remove, deactivate or otherwise circumvent any software protection mechanisms in the Product (except to the extent applicable laws specifically prohibit such restriction);
(iii) Redistribute, sell, rent, lease, sublicense, or otherwise transfer the
Product or rights to any other party.
(iv) Alter, Remove any logo, copyright, trademark, or other proprietary
notices in the Product. The SEAAPPLE produced plugins that are provided with the DOCTOR AQUARIUM may only be used with the Main Program and may not be used with any other program or other third party product.
5. SUPPORT. The Licensee will have access to online self help services, but will not be entitled to receive from SEAAPPLE any technical support or telephone assistance.
6. FEES. A license fee is required in order to use the DOCTOR AQUARIUM program beyond the 30 day trial evaluation. Fee information is available at: http://www.draquarium.com
7. UPDATES. This license does not entitle Licensee to Updates to the DOCTOR AQUARIUM. If Updates to the DOCTOR AQUARIUM are made available, they will be available for download from the www.draquarium.com website and will be subject to then current license agreement and payment of any additional license fees.
9. TERMINATION. Should Licensee breach this Agreement, Licensee's right to use the Product shall terminate immediately and without notice. Upon termination, Licensee shall destroy all copies of the Product.
10. PROPRIETARY RIGHTS. The DOCTOR AQUARIUM program is protected by copyright and other intellectual property laws and by international treaties. You agree that SEAAPPLE may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Product.
Without advertising, SEAAPPLE Software has all rights to terminate the services included in the program including, but not limited to, technical support, upgrades, sales, and other activities related to the program.
You may redistribute the 30-Day trial version of the DOCTOR AQUARIUM program, provided you distribute no more than 5 physical copies of the program and that all files remain unmodified and that no additional files are redistributed with the package. You must ask and receive written permission, to distribute more then 5 copies of the program. Only SEAAPPLE Software has the right to sell its program, you may not charge any money for the distribution of the program.
SEAAPPLE Software has made a good-faith effort to ensure that the images included with the software are free of all copyright restrictions, or are free to use. However, we do not guarantee that all images are copyright-free and assume no liability or responsibility for any copyright infringement, or errors.
14. INDEMNIFICATION. Licensee agrees to indemnify, hold harmless, SEAAPPLE Software and its affiliates, and its licensors from any and all costs, damages and reasonable attorneys' fees resulting from any breach of this Agreement or claim that Licensee's use of the Product has injured or otherwise violated any right of any third party or violates any law.
15. LIMITED WARRANTY FOR DOCTOR AQUARIUM PRODUCT. Provided Licensee has paid the applicable license fees for the DOCTOR AQUARIUM Product and is in compliance with the terms and conditions hereof, for thirty (30) days after the date of download of the SEAAPPLE warrants that the unmodified DOCTOR AQUARIUM product, when properly installed and used, will substantially achieve the functionality described in the applicable Documentation. THIS LIMITED EXPRESS WARRANTY FOR THE PREMIUM PRODUCT CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT. IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES SEAAPPLE WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD OF ANY ERRORS OR FAILURES, SEAAPPLE WILL USEREASONABLE EFFORTS TO PROMPTLY CORRECT, REPLACE OR PROVIDE A WORK AROUND FOR SUCH ERROR OR FAILURE, AT NO CHARGE TO LICENSEE, OR AT SEAAPPLE'S SOLE OPTION, PROVIDE A REFUND TO LICENSEE. THIS IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES HEREUNDER.
15. WARRANTY DISCLAIMER FOR THE DOCTOR AQUARIUM PROGRAM. THE DOCTOR AQUARIUM IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. SEAAPPLE, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,INCLUDING THEWARRANTIES THAT THE DOCTOR AQUARIUM PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE DOCTOR AQUARIUM PRODUCT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT ERRORS IN THE DOCTOR AQUARIUM PRODUCT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE DOCTOR AQUARIUM PRODUCT IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, SEAAPPLE, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANYREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DOCTOR AQUARIUM PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEAAPPLE OR A SEAAPPLE AUTHORIZEDREPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. SEAAPPLE AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE WEBDOCTOR AQUARIUM PRODUCT. LICENSEE BEARS THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE DOCTOR AQUARIUM PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEAAPPLE SOFTWARE, ORITS AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Software License Agreement
(c) 2005 SEAAPPLE Software - All Rights Reserved