End user agreement for AutoInsult
END-USER LICENCE AGREEMENT (EULA)
You may use this software only as described in this licence.
If You do not agree to the terms of this licence, do not install or use the Software or, if already installed, You should uninstall it.
The capitalized term "Software" refers to the software program AutoInsult, any updates to the software, any supplemental code provided to you by Us, the User's Guide, any associated software components (including data files), any related media and printed materials, and any online or electronic documentation.
The Software was conceived, designed and written by Jon Berry (the "Author") and is published by Jumping Armadillo Software (the "Publisher").
The use of the capitalized terms "Us", "We" and "Our" refer to the Author and/or the Publisher as appropriate.
The use of the capitalized terms "You" and "Your" refer to the user and/or licensee and/or distributor of the Software.
The capitalized term "Agreement" refers to this 'End-User Licence Agreement' (EULA).
2. Grant of Licence.
The Software is FREEWARE. As such You are granted the limited, non-exclusive right to use the Software free of charge as expressly stated in this licence.
You may distribute exact copies of the Software provided You do not sell or profit from the product. You may, however, charge a reasonable fee to cover distribution costs and/or web hosting / bandwidth costs.
a) You may not reduce the Software to human readable form, reverse engineer, de-compile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b) You may not rent, lease, or lend the Software.
c) You may not create derivative works from the Software nor create any program or service that has a dependency on any part of the Software, its data files or that uses the data contained within the data files either directly or indirectly except as is expressly permitted by applicable law notwithstanding this limitation.
4. Support Services.
a) We may provide You with support services related to the Software.
b) Use of support services is governed by the user manual, online documentation, and other materials, as they may be modified from time to time.
c) Support will be provided at Our sole discretion and in a manner of Our choosing.
a) This licence terminates if You fail to comply with its terms and conditions.
b) If Your licence terminates, You must destroy all copies of the Software.
c) The termination of this licence does not limit the other rights that We may have by law.
6. Copyright and non-infringement.
a) You acknowledge that You have only the limited, non-exclusive right to use and copy the Software as expressly stated in this licence and that We retains all other rights.
b) You agree not to remove or modify any copyright, trademark or other proprietary notices which appear in the Software.
c) The Software is protected by United Kingdom copyright law and international treaty provision.
d) The copyright holder is identified as the Author.
e) All registered trademarks are recognised as belonging to their respective owners. We do not seek to infringe any copyright or trademark. Please contact Us if You feel We have and We will attempt to rectify the situation.
f) We consider all the words to be in the Public Domain (especially the Modern, Arabian and Mediterranean ones, which are all either in the dictionary or recognised as being in common verbal usage) and do not feel that we have infringed anyone's copyright. Any trademarks used in the word list are acknowledged as belonging to their owners.
g) Whilst We acknowledge the words themselves to be in the Public Domain, We retain copyright on Our data files. You may NOT use them for Your own purposes.
Specifically, You may not use them for Your own programs, or decode them and use the words therein in Your own programs, scripts, web pages, nor create any derivative works from them.
7. NO WARRANTIES.
a) The Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
b) The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
8. LIMITATION OF LIABILITY.
Neither the Author nor the Publisher are liable to You for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if We have been advised of the possibility of such damages. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it, and a good backup of system settings and data is done prior to running the Software.
You must assume the entire risk of using the Software.
Our liability for any claim related to Your purchase or use of the Software, whether in contract, tort, or any other theory of liability will not exceed the licence fee paid by You (which, given that this software is FREEWARE, is nothing).
Furthermore, You agree to indemnify, hold harmless, and defend both the Author and Publisher from and against any claims or lawsuits, including legal costs, that arise or result from the use or misuse of the Software including the use or distribution of the insults it generates - you should be aware of the laws of slander and libel before you send insults to or about people who may be lacking a sense of humour.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Agreement had been executed with the invalid provision eliminated.
The interpretation, construction, effect and enforceability of this Agreement shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
All rights of any kind for the Software that are not expressly granted in this Agreement are entirely and exclusively reserved.
Copyright (C) 1998-2012, Jon Berry.
All registered trademarks are recognised as belonging to their respective owners.