End user agreement for ReaJPEG photo editor
ReaJPEG End User License Agreement
Software License Agreement
Copyright (c) 1999-2009 ReaSoft Development. All Rights Reserved.
As part of the installation process, you will be asked to accept the terms of this Software License Agreement (the "Agreement"). This Agreement is a legal contract that specifies the terms of the license and warranty and liability limitations between you and ReaSoft Development ("ReaSoft") for the ReaJPEG Software (the "Software") and related documentation. You should carefully read the following terms and conditions before installing or using the Software. Unless you have entered into a separate written license agreement signed by ReaSoft providing otherwise, installation or use of the Software confirms your acceptance of the Software and indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, promptly delete and destroy all copies of the Software and related documentation in your possession.
Editions of the Software
The ReaJPEG Software is available in a Standard and Pro edition. All versions of the Software are subject to the terms and conditions of this Agreement. The Standard and Pro editions of the Software requires payment by you of a license fee. The trial version of the Software is the only version that is provided without charge. The trial version is not free Software and is subject to the restrictions set forth below.
UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
License to Use
ReaSoft grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use one copy of the Software by a single person who uses the Software on one computer. You may access the commercial version of the Software through a network, provided that you are the only person who may use the Software or you have obtained individual licenses for the Software covering all workstations that will access the Software through the network. For instance, if eight different workstations will access the Software on the network, each workstation must have its own Software license, regardless of whether the workstations access the Software at different times or concurrently. To use Software on a multiple computer you should purchase one license per computer, or the site license.
The Software and documentation are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may not use the Software other than as expressly provided herein, or re-distribute, or copy all or part of the Software or related documentation, except that you may make a reasonable number of copies of the Software solely for backup or archival purposes. You are specifically prohibited from copying the Software to an additional server or workstation for any purpose other than archival.
No Additional Rights or Licenses
This Software is confidential and copyrighted. You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the Software and derivative works thereof related documentation remain the sole and exclusive property of ReaSoft, including all patent, copyright, trade secret, trademark and other proprietary rights therein, and that you will not derive or assert any title or interest in or to the Software, derivative works thereof, or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights to the Software or related documentation. You may not alter, merge, modify, adapt or translate the Software or related documentation, or decompile, disassemble or reverse engineer the Software or documentation or otherwise reduce the Software to a human-perceivable form.
You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This Agreement does not authorize you to use ReaSoft's name or any of its trademarks.
Term and Termination
If you have acquired the trial version, the license granted herein shall automatically terminate thirty (30) days after you first install such version. Subsequent downloads, installations or use of the trial version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the Standard or Pro edition will continue until it is terminated. ReaSoft may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to ReaSoft or destroy all copies of the Software and related documentation covered by the license.
Warranty and Remedies
REASOFT PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE TRIAL VERSION ARE PROVIDED "AS IS."
For the CD version, ReaSoft warrants that the physical media and the documentation will be free from defects in materials and workmanship under normal use for 90 days from the date of delivery to you. ReaSoft also warrants that the business or site version version will be free from significant defects that prevent the Software from performing substantially in the manner described in the applicable documentation for a period of 90 days from the date of delivery to you. At ReaSoft's option, provided that any non-compliance with the above warranty is reported in writing to ReaSoft no more than ninety (90) days following delivery to you, ReaSoft will (1) replace defective media or documentation, as the case may be, (2) use reasonable efforts to correct significant defects in the Software without charge, or (3) refund the license fee paid to ReaSoft for the applicable copy of the Software in exchange for termination of all licenses granted to you for such copy.
Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. 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 ReaSoft, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. By way of example, without limitation, ReaSoft provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you.
The warranties do not cover damage or defects caused by or related to misuse, modification, accident, negligence or misapplication. Any such misuse, modification or misapplication of the Software will void this warranty. Because programs such as this are inherently complex, ReaSoft does not warrant that the Software is error-free or will operate without interruption. Furthermore, ReaSoft does not warrant that the Software will work with any network or network application.
The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. ReaSoft specifically disclaims any express or implied warranty of fitness for such purposes.
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
IN NO CASE SHALL REASOFT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF REASOFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL REASOFT'S LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO REASOFT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Agreement between ReaSoft and you. ReaSoft would not be able to provide the Software on an economic basis without such limitations.
You agree to abide by the terms of the following notice, if such notice appears in or on the packaging for the Software, and you agree not to remove such notice from the Software.
If you have any questions concerning this Agreement or the Software or related documentation, you may contact ReaSoft's support staff at http://www.reasoft.com/support/