End user agreement for Vidi windows Tools
SUN'S BOUNTIES Vidi windows©
Electronic End-User Software License Agreement
THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT
PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY
INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING
THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND
AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT WISH TO DO SO, DO NOT COMPLETE THE INSTALLATION PROCESS.
PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU
OBTAINED IT, FOR A FULL REFUND.
(a) "Educational Version" means a version of the Software, so identified, for use
by students and faculty of educational institutions, only. End-User Products
of Educational Versions may not be used for, nor shall they be distributed to
any party for, any commercial purpose.
(b) "End-User Product" means an output file generated by you using SUN'S
BOUNTIES Vidi windows.
(c) "Not For Resale (NFR) Version" means a version of the SUN'S BOUNTIES
Product, so identified, to be used for review and evaluation purposes, only.
(d) "SUN'S BOUNTIES" means SUN'S BOUNTIES and its licensors, if any.
(e) "Software" means the programs supplied by SUN'S BOUNTIES herewith,
and any and all updates thereto.
This Agreement allows you to:
(a) Install and use the Software on a single computer and make one copy of the
Software in machine-readable form solely for backup purposes. You must
reproduce on any such copy all copyright notices and any other proprietary
legends on the original copy of the Software.
(b) Install the Software on a storage device, such as a network server, and run
the Software on an internal network, provided the number of concurrent users
does not exceed the number of copies of the Software purchased. A copy of
the Software must be purchased for each such user.
(c) If you have purchased a multi-pack license for the Software product, or a
license to make multiple installations of the Software, you may concurrently
use the number of copies of the Software authorized by that purchase.
(d) Make copies of the End-User Product, and the associated Files, and distribute
those copies for use solely by yourself or personnel employed by you, or by
another party, solely for its own internal purposes.
3. License Restrictions
Other than as set forth in Section 2, you may not make or distribute copies
of the Software, or electronically transfer the Software from one computer
to another or over a network. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form.
You may not rent, lease or sublicense the Software. You may not modify
the Software or create derivative works based upon the Software.
The foregoing license gives you limited rights to use the Software.
Although you own the media on which the Software is recorded, you do not
become the owner of, and SUN'S BOUNTIES retains title to the Software. All
rights not specifically granted in this Agreement, including Federal and
international Copyrights, are reserved by SUN'S BOUNTIES.
5. Limited Warranties
(a) SUN'S BOUNTIES warrants that, for a period of ninety (90) days from
the date of delivery (as evidenced by a copy of your receipt): (i) when
used with a recommended hardware configuration, the Software will perform
in substantial conformance with the documentation supplied with the Software;
and (ii) that the media on which the Software is furnished will be free
from defects in materials and workmanship under normal use. EXCEPT AS SET
FORTH IN THE FOREGOING LIMITED WARRANTY, SUN'S BOUNTIES DISCLAIMS
ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW
IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF DELIVERY. No oral or written information or advice
given by SUN'S BOUNTIES, its dealers, distributors, agents or employees
shall create a warranty or in any way increase the scope of this warranty.
6. Exclusive Remedy
Your exclusive remedy is to return the Software to the place you acquired it,
with a copy of your receipt and a description of the problem. SUN'S BOUNTIES
will use reasonable commercial efforts to supply you with a replacement copy
of the Software that substantially conforms to the documentation, provide a
replacement for defective media, or refund to you your purchase price for the
Software, at its option. SUN'S BOUNTIES shall have no responsibility if the
Software has been altered in any way, if the media has been damaged by
accident, abuse or misapplication, or if the failure arises out of use of
the Software with other than a recommended hardware configuration.
7. Limitations of Damages
(a) SUN'S BOUNTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUN'S BOUNTIES OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
(b) SUN'S BOUNTIES'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU
FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) To the extent provided by applicable law, the foregoing limitations of
damages do not apply to damages for personal injury to you, if any.
8. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are
fundamental elements of the basis of the agreement between SUN'S BOUNTIES
and you. SUN'S BOUNTIES would not be able to provide the Software on an
economic basis without such limitations.
9. Consumer End Users
The limitations or exclusions of warranties and liability contained in this
agreement do not affect or prejudice the statutory rights of a consumer; i.e.,
a person acquiring goods otherwise than in the course of a business. SUN'S
BOUNTIES may monitor the usage of the software over the net. However, the
data obtained from the clients is confined to the usage paterns and SUN'S
BOUNTIES declares its confidentiality for internal usage only.