End user agreement for PadPlayer
Allen Labs, Inc.
END-USER SOFTWARE LICENSE AGREEMENT
This Allen Labs, Inc. Software delivered is intended for the use of an individual person only. Redistribution is not allowed.
By Accessing, or otherwise using this software product, you agree to be bound by the terms of this End-User Software License agreement.
1. GRANT OF LICENSE:
Copy and Use. Allen Labs grants to Recipient a limited, non-exclusive license to use 1 (one) copy of the accompanying Allen Labs Software on a single computer. All remaining rights are reserved to Allen Labs and its suppliers. Allen Labs and its suppliers retain all ownership and title to the Software at all times.
This License for the accompanying Allen Labs Software may not be shared.
Support and Updates. This License does not grant Recipient any right to technical or Software support of any kind, bug fixes, or any enhancement or update.
This License applies to any subsequent updates which may be supplied to Recipient by Allen Labs.
Redistribution and Content Use. This License prohibits the Recipient from redistributing of any part of the Software Product, including models, documents, icons and programs, both for commercial or non-commercial purposes.
This License grants to the Recipient the right to use Presentations created through using the Software for either commercial or non-commercial purposes. At no time may the Recipient redistribute 3D models that are delivered with the Software. The Recipient may not re-license or re-distribute the models or clip art that are delivered with the Software.
Copyright, Title, ownership rights, and intellectual property rights in and for the Software shall remain with Allen Labs and its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License does not provide any rights to Recipient for such content.
Recipient must maintain all copyright notices on all copies of the Software Product.
Recipient shall not attempt to reverse-engineer, decompile or take actions to disassemble the Software.
3. DISCLAIMER OF WARRANTY:
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by Recipient.
Should the Software prove defective, Recipient, and not Allen Labs, assume the entire cost of any service and repair. In addition, the security mechanism implemented by the Software has inherent limitations, and Recipient must determine that the Software sufficiently meets Recipient requirements. This disclaimer of warranty constitutes an essential part of the agreement.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO Recipient AND Recipient MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
4. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ALLEN LABS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO RECIPIENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ALLEN LABS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ALLEN LABS’s LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF ALLEN LABS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO RECIPIENT.
This License will terminate automatically if Recipient fails to comply with the limitations described within this Agreement. On termination, Recipient must remove the Software from all computers onto which it is installed, and must destroy or return all copies of the Software.
6. EXPORT RESTRICTIONS. The Software Product is of U.S. origin. The recipient must comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
This Agreement represents the complete agreement concerning this License between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this agreement, and the remainder of the agreement will continue in effect.
This Agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
8. U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
The Manufacturer of this Software is:
Allen Labs, Inc.
618 Herefordshire Ln.
Allen, Texas 75002