End user agreement for DreamCalc DCG Graphing Calculator
LICENSE AGREEMENT SUMMARY
o The Agreement is between you and Big Angry Dog Ltd.
o You are free try out the software, but...
o If you want to continue using it, you should purchase a license.
o You can make back-up copies of the software and share the set-up file with others provided you don't modify it.
o Your license key is for your own use only, and you should not share it with others.
THE DREAMCALC SOFTWARE LICENSE AGREEMENT
The following License Terms govern your use of the accompanying DreamCalc Software (the "Software"). Carefully read the following legal agreement (the "Agreement"), for the license of the Software by Big Angry Dog Ltd. By installing or distributing the Software, you, either as an individual or a single entity, agree to be bound by and become a party to this Agreement. If you do not agree to all the terms of the Agreement, you should not install or distribute the Software.
USE OF THE SOFTWARE
Subject to the terms of this Agreement, Big Angry Dog Ltd grants you the right to install the Software for purposes of evaluation. In its default state, the Software functions in an evaluation mode (the "Evaluation Mode"), and may exhibit reminder messages and restrict the use of certain features. If, after evaluating the Software or the expiry of a reasonable time period to do so, you wish to continue using the Software, you must purchase a user license (the "User License") from Big Angry Dog Ltd or a duly authorized representative of Big Angry Dog Ltd. If you decide not to purchase a User License, you must uninstall all copies of the Software. The User License applies to a single computer, workstation, terminal, or other digital electronic device (the "Device"), or to the number of Devices explicitly prescribed by the purchase of the User License. Where the User License is granted to you as private individual, and provided the Software is for your private use only, Big Angry Dog Ltd grants you the right to install and use the Software on a single portable device owned by you, such as a laptop computer, in addition to the Device(s) prescribed by the purchase of the User License. This additional use of the Software is expressly restricted to private individuals, and does not apply to companies, educational institutions and other organizations which should purchase sufficient User Licenses for their use of the Software. On purchase of the User License, Big Angry Dog Ltd agrees to provide you with a single unique software key (a "License Key") so that you may disable the Evaluation Mode and use the Software without restriction. If you lose your License Key information, in its sole discretion, Big Angry Dog Ltd may provide you with a replacement upon request, however, you acknowledge and agree that you are responsible for keeping your own record of your License Key and that Big Angry Dog Ltd has no obligation to provide additional copies of License Keys in the future. Neither the User License or your License Key may be shared with, or transferred to, anyone else. You may make copies of the Software's set-up application for purposes of data backup and recovery.
TERM OF AGREEMENT
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software. Big Angry Dog Ltd may terminate this Agreement at any point by written or electronic notification.
The Software is protected by copyright laws and international treaty provisions. Big Angry Dog Ltd owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
NEW VERSIONS OF THE SOFTWARE
Big Angry Dog Ltd, in its sole discretion, reserves the right to add new features, or to provide fixes, updates and upgrades to the Software. You acknowledge and agree that Big Angry Dog Ltd has no obligation to make available to you any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event that you want to install or use a new version of the Software.
DISTRIBUTION OF THE SOFTWARE
Distribution of the Software is permitted for purposes of evaluation by recipients, provided the Software is distributed in its original unmodified set-up application, and all such distributed copies contain the original proprietary notices. You may not disclose License Key information to anyone. You may not transfer any of the rights granted to you under this Agreement and you may not claim to have any intellectual property rights to the Software. You may not reverse engineer, de-compile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You are expressly prohibited from circumventing the Evaluation Mode or any copy protection contained in the Software.
Big Angry Dog Ltd may allow the use of the Software in conjunction with an authorized partner organization (an "Authorized Partner"). For information purposes, Authorized Partners may include, but are not restricted to, educational institutions where students study at home using their own computers. If you have legitimately obtained a copy of the Software through your association with an Authorized Partner, and subject to the terms of this Agreement, Big Angry Dog Ltd additionally grants you the right to install and use the Software, without fee, for the purposes related to your Authorized Partner (i.e. to study). This use of the Software is permitted for a limited period of time only (the "Permitted Time"), as agreed by Big Angry Dog Ltd with the Authorized Partner. If you wish to continue using the Software after the expiry of the Permitted Time, you must purchase a User License. If you do not wish to continue using the Software, you should uninstall it. Upon expiry of the Permitted Time, the Software will revert to Evaluation Mode in order to notify you that the Permitted Time has expired. Failure of the Software to exhibit the Evaluation Mode will not negate your obligation to uninstall the Software or to purchase a User Licence.
Big Angry Dog Ltd, in its sole discretion, may offer an affiliate scheme (the "Affiliate Scheme") for purposes of promoting the Software. You may optionally participate in the Affiliate Scheme in order to receive commission payments in return for introducing new customers to the Software. The Affiliate Scheme is run in conjunction with a third-party in order to handle sales and commission payments, and your participation may additionally be subject to the third-party's own terms and conditions. If you participate in the Affiliate Scheme, then you agree that your only role in the scheme is to introduce new customers to the Software. You are expressly prohibited from claiming that you have property rights to the Software or from claiming that you are a re-seller of the Software. You may promote and distribute trial versions of Software to potential customers, however, you are expressly prohibited from giving recipients cause to believe that because they have obtained a trial distribution of the Software from you, that they have been granted a User License to the Software or have otherwise obtained a right to use the Software other than for purposes of evaluation. You may not promote or distribute the Software in association with material of a sexual nature, material pertaining to violence or material promoting illegal activities. You may not promote or distribute the Software using tactics which are likely to inconvenience, annoy or offend potential customers, including without limitation, indiscriminate bulk emailing campaigns. Big Angry Dog Ltd reserves the right to modify your commission rate or to terminate your participation in the Affiliate Scheme at any time for any reason. You may withdraw from the Affiliate Scheme at any time by ceasing to promote and distribute the Software. In the event that you have any dispute with Big Angry Dog Ltd with regard to the Affiliate Scheme, you agree that your only recourse is to withdraw from the Affiliate Scheme.
HIGH RISK ACTIVITIES
The Software is not fault tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation or design of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Big Angry Dog Ltd expressly disclaims any express or implied warranty of fitness for High Risk Activities.
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG ANGRY DOG LTD DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BIG ANGRY DOG LTD MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BIG ANGRY DOG LTD BE LIABLE TO YOU OR TO 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 FOR ANY AND ALL OTHER DAMAGES OR LOSSES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement sets forth all your rights with respect to the Software and is the entire Agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by Big Angry Dog Ltd. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Big Angry Dog Ltd. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. In the event of a dispute over the interpretation of this Agreement, the court should rule in accordance with what it deems Big Angry Dog Ltd reasonably intended by this Agreement. Paragraph headings herein are for convenience only and shall not limit, in any way, the scope or interpretation of any provision in this Agreement. Summary information, if present at the beginning of this Agreement, is intended for information purposes only and does not restrict this Agreement, or form part of this Agreement itself. This Agreement is governed by the laws of England. You agree that this Agreement is valid when written in the English language only.