End user agreement for Digital Photo Web Slide Show
BY INSTALLING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON, EXIT THE INSTALLATION PROCESS AND STOP USING THIS SOFTWARE.
This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact JAMES M. VOELKER ("Voelker Software") by e-mail at DigitalPhotoSlideShow@yahoo.com.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO 60 DAY EVALUATION USE)
GRANT. Voelker Software grants you a non-exclusive license to use the Software free of charge for the limited purpose of evaluating whether to purchase an ongoing license to the Software. This evaluation period is limited to 60 days. If you are using the Software free of charge, you are not entitled to hard-copy documentation, if any exists, support or telephone assistance.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, Voelker Software grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation"), if any, in the manner described in Part III below under "Scope of Grant."
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may: use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
You may not: permit other individuals to use the Software except under the terms listed above; permit concurrent use of the Software; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Voelker Software and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of
the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i.) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii.) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITED MEDIA WARRANTY AND DISCLAIMER OF WARRANTY. Voelker Software warrants that, for a period of sixty (60) days from the date of receipt by Licensee, the media, if any, on which the Software is furnished shall be free from defects in materials and workmanship under normal use. THE SOLE RESPONSIBILITY AND LIABILITY OF VOELKER SOFTWARE, AND LICENSEE'S EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE MEDIA.
DISCLAIMER OF WARRANTIES. Except for the express limited media warranty stated above, Licensee expressly acknowledges and agrees that use of the Software is at Licensees sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VOELKER SOFTWARE AND ITS LICENSORS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, REGARDING THE SOFTWARE. NEITHER VOELKER SOFTWARE NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENTNESS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS, INACCURACY AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES OR OTHER JURISDICTIONS AND THEREFORE THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC RIGHTS AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VOELKER SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU 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 VOELKER SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT VOELKER SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF VOELKER SOFTWARE 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Illinois law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Voelker Software's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is James M. Voelker, 6888 N. Fox Point Dr., Peoria, IL 61614.