End user agreement for Doctor O's Monkey Masher
CAREFULLY READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS' TERMS AND CONDITIONS.
Doctor O's Monkey Masher, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works and materials are the exclusively copyrighted work of James Gugenheim. All use of Doctor O's Monkey Masher is governed by the terms of the Software License Agreement which is provided below. Any use, reproduction or redistribution of Doctor O's Monkey Masher not in accordance with the terms of the Software License Agreement is expressly prohibited.
SOFTWARE LICENSE AGREEMENT
1. Doctor O's Monkey Masher, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works and materials (known hereinafter as the "Program") are exclusively owned by James Gugenheim and is protected by United States copyright laws and international treaty provisions. You must treat the Program like any other copyrighted material, except that you may make copies of the EVALUATION version of the Program to distribute to other persons. You may not charge or receive any consideration from any other person for the receipt or use of the Program without receiving James Gugenheim's prior written consent. You agree to use your best efforts to see that any user of the Program licensed hereunder complies with this Software License Agreement.
2. The Program is licensed, not sold. Your license confers no title or ownership in the Program. You may not: modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon any version of the Program.
3. James Gugenheim grants to you the non-exclusive license to use the Program on one computer personally owned by you or on one computer that you are the main user on. If you wish to use the Program on several computers or on a network, you must purchase several single licenses. For purposes of this section (3) "use" means loading the Program into RAM, as well as installation on a hard disk or other storage device.
4. YOU MAY NOT SUBLICENSE, RENT, LEASE, OR TRANSFER THE PROGRAM, EXCEPT AS DESCRIBED HEREIN.
5. YOU MAY NOT SUBLICENSE, RENT, LEASE, OR TRANSFER YOUR REGISTRATION KEY CODE.
6. JAMES GUGENHEIM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
7. JAMES GUGENHEIM, HIS AFFILIATES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE IN ANYWAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHER LEGAL REMEDY, EVEN IF JAMES GUGENHEIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall survive the termination of this Software License Agreement. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
8. Neither this Software License Agreement nor any part or portion hereof shall be assigned or sublicensed by you, except as described herein.
9. All rights not expressly granted herein are reserved by James Gugenheim.
10. This Software License Agreement is effective until terminated. You may terminate the Software License Agreement at any time by removing all copies of the Program from all storage devices available to you and ceasing the use of the Program. If you fail to comply with any terms of this Software License Agreement, YOUR LICENSE AND THIS SOFTWARE LICENSE AGREEMENT ARE AUTOMATICALLY TERMINATED WITHOUT NOTICE. Upon termination of this Software License Agreement, you must immediately cease all use of the Program and remove the Program from all storage devices. For purposes of this section (10) "use" means loading the Program into RAM, as well as installation on a hard disk or other storage device.
11. Should any provision of this Software License Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this License Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT, YOU UNDERSTAND THIS SOFTWARE LICENSE AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. YOU ALSO ACKNOWLEDGE AND AGREE THAT THIS SOFTWARE LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN JAMES GUGENHEIM AND YOU, AND THAT THE SOFTWARE LICENSE AGREEMENT SUPERSEDES ANY PRIOR OR CONTEMPORANEOUS AGREEMENT, EITHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN JAMES GUGENHEIM AND YOU.