End user agreement for ToolbarToggle
End User License & Warranty
Applies to Registered (purchased) and Unregistered Version (a.k.a. Test Version, a.k.a. TestDrive Version, a.k.a. DEMO Version, a.k.a. Trial Version, a.k.a. Free Trial Version):
All terms as stated under the "Registered Version" below apply to the "Unregistered Version" except for Term Three . You are permitted to copy and distribute the DEMO Version as long as you keep all files together in their original distributable form (i.e the archive that contains the Install, Executable and Help programs).
1. As used herein, the term "Software" shall mean the ToolbarToggle LLC. ("TOOLBARTOGGLE") program(s), and/or application software in machine-readable format supplied hereunder, and its enhancements/derivatives, and all supporting documentation, if any, as well as all updated versions of the program supplied to you. Software, as used herein, does not refer to source code, and no license is herein granted with respect to source code of any kind.
2. For and in consideration of the terms and conditions set forth herein, TOOLBARTOGGLE grants to you a nonexclusive, non-transferable, license to install and use the Software only on a single item of equipment at any one time, unless a multiple license is obtained from TOOLBARTOGGLE. Title to and ownership of the Software shall at all times remain with TOOLBARTOGGLE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software.
3. Further, no license is granted to copy or reproduce in any form whatsoever the Software supplied hereunder without the express written permission of TOOLBARTOGGLE, with the exception of making up to two (2) copies for back-up purposes. Your back-up copies of the Software must include all confidential, proprietary, patent, copyright and/or trademark notices contained on the original.
4. The license granted under this Agreement may be terminated by TOOLBARTOGGLE if you breach or fail to comply with any of the terms and conditions of this Agreement, following written notice by TOOLBARTOGGLE of such breach or failure and your failure to cure such breach or failure with ten (10) days of receiving such notice. Upon termination, you shall immediately return all Software and all copies thereof to TOOLBARTOGGLE following TOOLBARTOGGLE's written notice to you of termination.
5. The Software provided is licensed "AS IS." TOOLBARTOGGLE provides a warranty which covers the media upon which the Software is embedded for the first month after purchase. Under the
warranty, TOOLBARTOGGLE's sole obligation with regard to the software media shall be to replace or repair, at the option of TOOLBARTOGGLE, any such media that proves defective during the warranty period. Under this warranty, your obligation shall be to provide TOOLBARTOGGLE with a detailed description of possible defect along with floppy diskette/tape and sample material such that TOOLBARTOGGLE can reproduce such defect. If failure of the media has resulted from accident, abuse, or misapplication, then TOOLBARTOGGLE has no responsibility under this warranty. No person, dealer, or company may expand or alter this warranty.
6. The Software has been optimized to run on a microcomputer utilizing an 80486 class or higher microprocessor using DOS Version 6 or higher computer operating system and the following graphic user interface programs/operating systems: Windows 95, Windows 98 and Windows NT 4.0. Any other attempt to use the Software on another type of computer or type of computer operating system program or graphic user interface program may result in the programs contained on the Software not to run as effectively or cause errors in data or operation. TOOLBARTOGGLE does not warrant the performance of any such unauthorized use or any other unauthorized use of the Software.
7. TOOLBARTOGGLE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SOFTWARE LICENSED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY AS TO ITS MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TOOLBARTOGGLE SHALL HAVE NO LIABILITY HEREUNDER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR OUT OF THE SOFTWARE LICENSED HEREUNDER.
8. In the event that an action is taken by either party to enforce this Agreement or resolve a dispute in connection herewith, the prevailing party shall be entitled to recover from the non-prevailing party the costs incurred in connection with the prosecution and defense of such action, including reasonable attorneys' fees at both trial and appellate levels.
9. U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, reproduction, or disclosure of the Software by the Government is subject to restrictions set forth in the Commercial Computer Software-Restricted Rights clause at Federal Acquisition Regulation 52.227-19, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013.
10. This Agreement embraces the full and complete understanding of the parties as to the subject
matter hereof and may not be altered or modified, except by written amendment which expressly refers to this Agreement and which is duly executed by both parties. Further, this Agreement shall be construed and governed in accordance with the laws of the state of Florida.