End user agreement for Hide Master
END USER LICENSE AGREEMENT FOR HIDE MASTER
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE
(AS DEFINED BELOW), COPYING THE SOFTWARE, YOU (EITHER ON BEHALF
OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS
AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END
USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT
DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
THIS IS A CONTRACT BETWEEN YOU AND GIGAMIND SYSTEMS.
This License Agreement accompanies GigaMind Systems' Software and
related explanatory materials and extends to any upgrades, modified
versions, updates, additions, and copies of the Software licensed
to You by GigaMind Systems. This copy of the Software is licensed
to You as the end user or to your employer and/or principal or
another third party authorized to permit your use of the Software.
The Software is protected by applicable national copyright laws
and international copyright treaties, as well as other intellectual
property laws and treaties. The Software is licensed, not sold.
GigaMind Systems retains all the rights, which are not expressly
granted to You according to the present License Agreement.
"Software" means Hide Master including but not limited to
object code, source code, documentation and associated media and
"You" means an individual and/or a legal entity exercising rights
under, and complying with all of the terms of, this License.
"GigaMind Systems" is a company owning exclusive rights to the Software.
2. GRANT OF LICENSE
If you acquired the license for the Software on an evaluation or trial
basis, you may use the Software without charge for thirty (30) days 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 thirty (30)
day evaluation period. To pay the license fee and register your copy,
you should visit www.gigamindsystems.com or an authorized sales agent.
For so long as the Software is the most current version of
Hide Master distributed by GigaMind Systems, you may give exact
copies of the evaluation Software to anyone. 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 GigaMind Systems. You must distribute a copy of this
license with any copy of the Software and anyone to whom you distribute
the Software is subject to this license. You may not remove any copyright,
trademark or reservation of rights language displayed on, in or with the
When you purchase a license, you will be provided with a registration
number. You must enable the registered license for the Software by entering
the registration number as prompted by the Software. You may use the registered
Software on that number of computers for which you have purchased a separate
license as indicated on the invoice or sales receipt. If the Software is
installed on a network server or other storage device, you must purchase
a license for each separate computer on which the Software is used.
A license for the Software may not be shared by alternating use of the
Software between different computers. If you acquired the Software for a reduced
price as an upgrade from a previous version of the Software, you must either use
the Software on the same computer(s) on which the previous version was installed
or destroy all copies of the previous version. The primary user of a computer
for which a license has been purchased may make and use one copy of the Software
on his or her portable computer. You may also make one copy of the Software for
back-up or archival purposes. Otherwise, you may not copy the Software in whole
or in part. You may permanently transfer all of your rights under this license
if the recipient agrees to the terms of this license, you destroy any copy of
the Software not transferred to the recipient, and, if the Software was licensed
to you at a reduced price as an upgrade from a previous version, you destroy any
copy of any previous version that is not transferred to the recipient.
3. LIMITATIONS OF USE
You do not have the right to:
a. Install/use the Software on more than one computer at the same time;
b. Sublicense the Software;
c. Copy the Software, in whole or in part, except as provided in this Agreement;
d. Permit simultaneous use of the Software by more than one user;
e. Reverse engineer, decompile, or disassemble the Software except for the cases
and only to the extent when it is directly allowed by the applicable law.
At that, You shall first request GigaMind Systems in writing to provide
You with the necessary information, which You want to obtain as a result
of reverse engineering, decompiling, or disassembling the Software.
GigaMind Systems has the right to impose reasonable conditions such as a
reasonable fee for doing so. Requests for information should be directed
to the GigaMind Systems at the address provided in the Software or such other
address as may be made available on www.gigamindsystems.com from time to time;
f. Modify, or create derivative works based upon the Software in whole or
g. Remove any proprietary notices or labels on the Software;
h. Resell, lease, rent or otherwise transfer rights to the Software, as provided
by this License;
i. Transfer the Software to any third persons if it is forbidden by laws or
international treaties, for example, in countries on which corresponding
international sanctions are imposed;
j. Use of the Software does not grant You any other rights to use other products
of GigaMind Systems, except for the rights stipulated by the corresponding
licenses to these products;
k. While copying the Software and transferring it to the third persons You shall
transfer distribution package/installation files in original form without
changing them in any ways.
4. TECHNICAL SUPPORT
Reaction of the support service and any resolution of the problems, which may
arise during its use, installation and removal are not guaranteed. However,
technical support of the Software may be provided under a separate contract
between You and GigaMind Systems.
5. TERMINATION OF THE LICENSE AGREEMENT
This License Agreement is effective until terminated. GigaMind Systems has
the right to terminate this license at any time immediately if You are in breach
of any of its terms and conditions. Upon any such termination You must stop use
of Software and return all full and partial hard copies of the items in the
Software immediately to GigaMind Systems as well as destroy all electronic copies
of the above items. GigaMind Systems is entitled to change conditions of the
distribution of the Software at any time.
You have a right to terminate the present License Agreement in any time other
then by terminating any use of the Software and by destroying all copies of it,
which are at your disposal.
6. INTELLECTUAL PROPERTY
You acknowledge that you have only the limited, non-exclusive right to use
and copy the Software as expressly stated in this License and that
GigaMind Systems retains title to the Software and all other rights not
From time to time, GigaMind Systems may make available updates to the Software.
All updates to the Software are governed by this License Agreement, unless other
license terms are provided with the update and may be installed automatically,
no confirmation by You is required.
8. SALES POLICY
GigaMind Systems has a NO REFUND sales policy. All sales of licenses are FINAL.
Before purchasing a license, you are provided a 30-day evaluation period
to determine whether the Software fits your business needs, works on your
computer, and provides the benefits for which you will purchase the Software
license. You do not have to provide GigaMind Systems with a credit card or
other purchase information when you download, install or use the Software
during this 30-day evaluation period; it is required only when you decide
to purchase the software license, at which time the purchase price for the
license becomes non-refundable. You agree that if you do not utilize this
evaluation period - that is provided at no charge - you voluntarily discharge
GigaMind Systems from the obligation to provide such an evaluation period.
No exceptions can be made to this policy.
9. NO WARRANTIES.
YOU AGREE THAT GIGAMIND SYSTEMS HAS MADE NO EXPRESS WARRANTIES, ORAL OR
WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. GIGAMIND SYSTEMS
DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED,
OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. GIGAMIND SYSTEMS SHALL NOT BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT)
ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
10. LIMITATION OF LIABILITY.
GigaMInd Systems' entire liability and your exclusive remedy under this
License Agreement shall not exceed five dollars ( US $5.00) or the
license fee paid by you.
No liability for consequential damages. To the maximum extent permitted
by applicable law, in no event shall GigaMind Systems or its suppliers
be liable for any damages whatsoever (including, without limitation,
damages for loss of business profit, business interruption, loss of
business information, or any other pecuniary loss) arising out of the
use of, or inability to use, this GigaMind Systems product, even if
GigaMind Systems has been advised of the possibility of such damages.
In the event of invalidity of any provision of this Agreement,
the parties agree that such invalidity shall not affect the validity
of the remaining portions of this Agreement.
You agree that You will not export or re-export the Software outside
of the jurisdiction in which You obtained it without the appropriate
You agree that this is the entire agreement between You and
GigaMind Systems, which supercedes any prior agreement, whether written
or oral, and all other communications between GigaMind Systems and You
relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved
by GigaMind Systems.
Copyright (c) 2002-2004 GigaMind Systems. All rights reserved.