End user agreement for SpyCapture
This TSM-Soft Enterprise End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and TSM-Soft Enterprise for the TSM-Soft software product identified above, which includes "online" or electronic documentation and any printed materials, and all copies and derivative works of such software program and materials (the "Program") are
the copyrighted work of TSM-Soft Enterprise, and/or its subsidiaries, licensors and/or its suppliers. The Program is solely for use by end users according to the terms of the License. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
The Software is licensed, not sold.
END USER LICENSE AGREEMENT (EULA)
1. Limited Use License. TSM-Soft Enterprise ( "Licensor") hereby grants, and by installing the Unregistered Version (Shareware) of SpyCapture you thereby accept, a limited, non-exclusive license and right to install and use one copy of the Program for your use on either a home, business or portable computer. Your license confers no title or ownership in the Program.
GRANT OF LICENSE (EVALUATION COPY)
1. Evaluation Copy. This is unregistered version of SpyCapture. You may use this unregistered version of SpyCapture without charge on an evaluation basis for 60 uses from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the 45 uses. If you continue to use the Software after the 45 times without paying the license fee the unregistered version of SpyCapture will be expired. While you are using Software on an evaluation basis you may make copies of the evaluation Software as you wish; give exact copies of the original evaluation Software to anyone; and distribute the evaluation Software in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the Software itself. Your distribution of the evaluation Software will not entitle you to any compensation from TSM-Soft Enterprise. You must distribute a copy of this EULA with any copy of the Software and anyone to whom you distribute the Software is subject to this EULA.
2. Registered Copy. To register your copy, you should visit http://www.tsm-soft.com/pro4.html or the secure order URL for registered with RegSoft.net is at http://www.regsoft.net/purchase.php3?productid=44085 (Our product is registered with www.regsoft.net). After you have purchased the license for Software, and have received the file enabling the registered copy, you are licensed to copy the Software only into the memory of the number of computers corresponding to the number of licenses purchased. The primary user of the computer on which each licensed copy of the Software is installed may make a second copy for his or her exclusive use on a portable computer. Under no other circumstances may the Software be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the Software in whole or in part, except that you may make one copy of the Software for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the Software in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the Software (including copies of all prior versions if the Software is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by TSM-Soft Enterprise or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
RESPONSIBILITIES OF END USER
A. Subject to the Grant of License herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Licensor.
B. The Program is licensed to you as a unregistered version of shareware.
C. You must install this software in your own computer only. If you install this computer software in your employee's computer, you must let them know. You may not use this software for any bad purpose. You can only use it to protect your own computer, and for other goodness reason. This is not the software for you to spy on other, but to protect your own property only.
D. You are entitled to use the Program for your own use, but you are not be entitled to:
(i) Sell or grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without Licensor's
prior written consent.
(ii) Publish and/or distribute the computer images, sound, files, fonts, graphics, clipart, animations, photographs, databases or other content of the Program (including without
limitation, for resale, printed materials for your personal or business use (e.g., flyers and brochures) and on your personal and business website).
(iii) Use any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or services.
You may permanently transfer all of your rights under this License, provided the recipient agrees to the terms of this License and you agree to remove the Program from you home, business or portable computer.
This License is effective until terminated. You may terminate the License at any time by destroying the Program. Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted without the prior written consent. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
THE "SPYCAPTURE " SOFTWARE CONTAINED IN THIS PACKAGE IS PROVIDED "AS IS" WHITOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS INCLUDE, BUT NOT LIMITED TO MERCHANTIBILITY AND FITNESS FOR A PARTICULAR FUNCTION. THE INTIRE RISK RELATED TO PRODUCT PERFORMANCE OR QUALITY IS ASSUMED BY THE USER. IN THE UNLIKELY EVENT A DEFECT IS DISCOVERED, YOU ASSUME THE ENTIRE COST OF ANY REMEDIAL ACTION.
The Evaluation License shall be deemed to have been made and executed in West Malaysia, and any dispute arising hereunder shall be resolved in accordance with the Malaysian law. This License may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License shall remain in full force and effect. The terms and conditions of a paper printed
licence eventually accompanying the Program prevail on any terms and condition of a license eventually included in the Program and that could appear on screen.
The product SpyCapture is shareware. Shareware is try it for certain period before you buy it.
The registered user of SpyCapture may receive unlimited free upgrade if available on the future, by sending us the email of your Reference ID, example (U010U) in Subject field, you will be noticed on how to get the updated version for free at no additional charges.
You hereby acknowledge that you have read and understand the foregoing License and agree that the action of installing the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License contained herein. You also acknowledge and agree that this License is the complete and exclusive statement of the agreement between Licensor and you and that the License supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Licensor and you including any inconsistent written license agreement or on-line help accompanying the Program.
Should you have any questions concerning this EULA, or if you desire to contact TSM-Soft Enterprise for any reason.
38-b, Lorong Pipit,
Telok Wanjah, 05200,
Alor Setar, Kedah.
Web-site: www.tsm-soft.com (English)