End user agreement for texture creator +
LOKA PHOTO EDITOR
Author: Macbird Software Systems
Web site: http://www.macbird.net
END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING OR USING THE SOFTWARE:
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY END USER) AND MACBIRD SOFTWARE SYSTEMS.PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION.
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 MACBIRD SOFTWARE SYSTEMS FOR THE LOKA PHOTO EDITOR SOFTWARE (the "Software") AND RELATED DOCUMENTAION. IF YOU CHOOSE TO ACCEPT ALL THE TERMS OF THIS LICENSE AGREEMENT BY CHOOSING "I accept the terms in the license agreement" AT THE START OF THE INSTALLATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, CHOOSE "I do not accept the terms in the license agreement" TO TERMINATE THE INSTALLATION OF THE SOFTWARE.
GRANT OF LICENSE:
· This is a license, not a sale of the Software;
· Upon payment by you and receipt by Macbird Software Systems of the license Fee prescribed by Macbird Software Systems from time to time (the "License Fee"), Macbird Software Systems grants to you a non-exclusive license to Use one copy of the Software in accordance with the Terms and conditions set forth in this Agreement ("Single User Licensees');
· Single-User Licensees shall only use the Software on a single computer subject, you may access 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.
COPYRIGHT, TRADEMARKS AND TRADE SECRETS:
· Macbird Software Systems owns intellectual property rights of the Software, Frames and graphics;
· Further, the Software's structure, sequence, and organization are the valuable trade secrets of Macbird Software Systems;
· The Software is protected against unauthorized use by United States and Canadian copyright laws and International treaty provisions;
· This Agreement does not grant you any intellectual property rights in the Software. Unpublished rights are reserved.
a. Transfer of Installed Software:
· Subject to the terms of this Agreement, you may not copy, transmit, assign, rent, lease, sublicense, distribute, lend or otherwise transfer or installed Software, and you may not sell or license to others the right to use the installed Software (You may not transfer your license of the Software to a third party), in whole or in part.
· If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Macbird Software Systems from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement.
b. Transfer of Software Distribution Program:
Subject to the terms of this Agreement, you may copy, transmit, and distribute the Software distribution program (lokaphotoeditordemo.exe) to others for the sole purpose of evaluation provided no modifications or additions are made to the Software distribution program, or any associated files, and provided it is not bundled in a distribution with any other software.
ARCHIVAL BACKUP OF SOFTWARE:
Macbird Software Systems authorizes you to make one copy of the Software for backup or archival purposes.
· If at any time after choosing "I accept the terms in the license agreement", you do not wish to be bound by this Agreement, you shall terminate this Agreement by notifying Macbird Software Systems in writing, at one of the addresses below, of such termination;
· Further, this Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement;
· Upon termination of this Agreement, for any reason, you agree to destroy all copies of the Software by uninstalling, deleting or taking any steps necessary to render the Software unusable.
· The Software is licensed to you on an "AS IS" basis;
· TO THE EXTENT PERMITTED BY LAW, MACBIRD SOFTWARE SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
· The entire risk as to the quality and performance of the Software is with you. Should the Software or the Documentation prove defective, you (and not Macbird Software Systems) assume the entire cost of all necessary servicing or repair.
· MACBIRD SOFTWARE SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY MACBIRD SOFTWARE SYSTEMS SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY;
· MACBIRD SOFTWARE SYSTEMS FURTHER DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE DETECTION OR ELIMINATION OF COMPUTER VIRUSES IN ANY FORM;
· MACBIRD SOFTWARE SYSTEMS DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS;
· Some states or jurisdictions do not allow the exclusion of implied warranties, conditions or limitations, so the above may not apply to you and your rights may vary from jurisdiction to jurisdiction. Any warranties that by law survive the foregoing disclaimers shall terminate sixty (60) days from the date you installed the Software.
LIMITATION OF LIABILITY:
· YOUR SOLE REMEDIES AND MACBIRD SOFTWARE SYSTEMS ENTIRE LIABILITY FOR THE SOFTWARE ARE SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL MACBIRD SOFTWARE SYSTEMS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, EVEN IF MACBIRD SOFTWARE SYSTEMS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY;
· You agree that Macbird Software Systems shall not be liable for defense costs or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software;
· In no event shall Macbird Software Systems maximum aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the License Fee you paid for the Software;
· The limitations imposed by this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term;
· Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
GOVERNING LAW AND INTERPRETATION:
· The rights and obligation of the parties under this agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods;
· If any provision of this Agreement is held to be illegal, void or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in force and effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
Questions concerning this Agreement may be directed to Macbird Software Systems
Email address for termination of this Agreement:
Copyright 2008-2010 by Macbird Software Systems. All rights reserved.