End user agreement for Despamious
Despamious License Agreement
NOTICE -- READ THIS BEFORE INSTALLING, COPYING OR USING THE SOFTWARE.
BY CLICKING ON THE YES BUTTON TO INSTALL AND USE A COPY OF THE DESPAMIOUS SOFTWARE ("SOFTWARE"), YOU ("LICENSEE")
AGREE TO BE AND ARE HEREBY BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT"). IF LICENSEE DOES NOT
AGREE TO THE TERMS OF THIS AGREEMENT, LICENSEE MUST PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE AND ACCOMPANYING DOCUMENTATION
("DOCUMENTATION"). THE TERM SOFTWARE SHALL INCLUDE ALL UPGRADES AND UPDATES TO THE SOFTWARE. PLEASE NOTE THAT LICENSEE MAY NOT USE,
COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
I. GRANT OF LICENSE:
Subject to the terms and conditions of this Agreement, Video Internet Technologies, Ltd. ("VIT, LTD") hereby grants to
Licensee a non-exclusive, non-transferable, non-sublicensable license to install and use a single copy of the Software
and Documentation on a single computer for personal uses for a period of fourteen (14) days from the date of first installation,
provided that by purchasing (and making payment in full) a license to the Software from VIT, LTD and entering a valid license
key prior to the end of such fourteen (14) day period, the foregoing license shall continue in perpetuity subject to the termination
provisions set forth herein.
Licensee agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Software Products.
Licensee may not: (i) use or permit other individuals to use the Software except under the terms listed above; (ii) modify,
translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law)
or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes);
(iv) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software or Documentation; (v)
remove any proprietary notices or labels on the Software or Documentation.
This Agreement does not grant Licensee any right to any upgrades to the Software,
however, this Agreement shall apply to any updates or upgrades which VIT, LTD provides to Licensee.
The Software is owned by VIT, LTD, or its licensors, and is protected by international copyright and other intellectual
property laws and international trade provisions. The Software is licensed to Licensee and not sold. Title to and ownership
of all intellectual property rights in and to the Software and Documentation shall remain in VIT, LTD or its licensors.
III. DISCLAIMER OF WARRANTY:
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
VIT, LTD AND ITS LICENSORS, SUPPLIERS, AND DISTRIBUTORS FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND/OR LACK OF VIRUSES.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIT, LTD OR ITS LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS
AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VIT, LTD OR ITS LICENSEORS, SUPPLIERS, OR DISTRIBUTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF VIT, LTD SHALL NOT EXCEED THE APPLICABLE
PURCHASE PRICE OF THE SOFTWARE OR $500, WHICHEVER IS GREATER
This Agreement shall terminate automatically if Licensee fails to comply with the limitations described in this Agreement.
No notice shall be required from VIT, LTD to effectuate such termination. On termination, Licensee must destroy all copies
of the Software and Documentation.
This Agreement constitutes the complete and
exclusive agreement between VIT, LTD and Licensee with respect to the subject
matter hereof and supersedes all prior oral or written understandings,
communications or agreements not specifically incorporated herein. This
Agreement may not be modified except in writing duly signed by an authorized
representative of VIT, LTD and Licensee. Licensee may not assign or transfer
this Agreement or any rights or obligations under this Agreement. Any assignment
or transfer of this Agreement by Licensee made in contravention of the terms
hereof shall be null and void. If any provision of this Agreement shall be held
to be invalid, illegal or unenforceable, such provision shall be enforced to the
maximum extent permitted by law and the remaining provisions shall not be