End user agreement for Dr.Salman's Window Power Tools
END-USER LICENSE AGREEMENT
(For Dr.Salman's Window Power Tools Ver 2012)
If you do not agree to the terms and conditions of this agreement, then do not install this product.
This is a legal agreement between you (either an individual or an entity), the end user and Digital Millenium Inc regarding use of the software accompanying this Agreement ("Product"). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy or use the Product.
The Term SOFTWARE/SOFTWARE PRODUCT refers to Dr.Salman's Window Power Tools. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. The Term MANUFACTURER refers to Digital Millenium Inc. RECIPIENT means the person receiving the License to use the product
1. GRANT OF LICENSE.
Digital Millenium Inc grants you ("Recipient") a limited, non-exclusive, nontransferable, nonrefundable royalty-free license to use one copy of the Product to be installed on a single Hard disk residing on Recipient's premises. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product or any accompanying materials ("Documentation"). Recipient may not reverse engineer, decompile the Product. Digital Millenium Inc shall retain title and all ownership rights to the product and this Agreement shall not be broken in any manner as transferring any rights of ownership or license to the Product or to the features or information therein, except as specifically stated herein.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Manufacturer, Digital Millenium Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade products only, "HARDWARE" shall mean the computer system or computer system component for which you received the Eligible Product. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer except as stated in section 1 and Section 2 of this EULA.You are entitled under this agreement for FREE MINOR UPGRADES and REVISIONS for a period of 1 YEAR only from the date of purchase. Major upgrades will be provided at a cost.
3. PRODUCT SUPPORT.
To the maximum extent permitted under applicable law, Manufacturer's and its supplier's entire liability and your exclusive remedy under the express warranty is, at Manufacturer's option. Product support for the SOFTWARE PRODUCT is provided by Digital Millenium Inc.Product support is provided through Email and Email Forms on the Website. Support is Provided usually within the next 12 working hours of receiving the Email.In case the Support can not be provided due to some reason the Recipient shall consider Digital Millenium Inc, or any of its Employees Harmless.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT or any of its Components.
(b) Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Without prejudice to any other rights, Manufacturer or Digital Millenium Inc may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer, Digital Millenium Inc
5. DISCLAIMER OF WARRANTY.
This PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. Digital Millenium Inc FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Digital Millenium Inc, DMI OR HIS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR OTHER DAMAGES THAT SO EVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION.
All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Digital Millenium Inc. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by Digital Millenium Inc.
7. EXPORT RESTRICTIONS.
Recipient confirms that with respect to this Product and Documentation's herein, recipient will not export or re-export them, directly or indirectly to any country.
8.LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in U.S, Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE or (b) correction of defects in the SOFTWARE.
9.EXCLUSION OF LIABILITY/DAMAGES.
The following is without prejudice to any rights you may have at law, which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer (Digital Millenium Inc) (or related company of either) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying, manuals or written materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE and any accompanying manuals and written materials for use by you.
Except as and to the extent provided in this agreement, neither Manufacturer or Digital Millenium Inc. (or related company of either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying hardware and written materials.
10.TRIAL COPY RESTRICTIONS.
You may evaluate unregistered copy of "Dr.Salman's Window Power Tools" free of charge for a period of 7 days. It will automatically fail to function after this time. To buy Window Power Tools please visit dmisoftware.com
Upon purchasing, You will receive your serial number to activate your license online.
If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
Digital Millenium Inc.