End user agreement for The Notifier
The Notifier End User License Agreement (EULA)
TITLEBAR Ltd. LICENSES THE SOFTWARE, The Notifier, TO YOU THE USER SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA").
This is a Freeware Version. It may only be used for personal use. The setup file may be distributed in its entirety as freeware for personal use. Titlebar is in no way responsible for its use. Other than personal use the following EULA does apply:
READ THE TERMS OF THIS EULA CAREFULLY. BY TRANSMITTING, DISTRIBUTING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, THE USER AGREES TO BE BOUND BY THE TERMS OF THIS EULA. IF THE USER DOES NOT AGREE TO ANY PART OF THIS EULA, THE USER IS NOT ALLOWED TO INSTALL, COPY OR USE THE SOFTWARE. IF THE USER VIOLATES ANY PART OF THIS EULA, THE RIGHTS OF THE USER TO USE THE SOFTWARE TERMINATES AUTOMATICALLY AND THE USER MUST DESTROY ALL COPIES OF THE SOFTWARE IN THE POSSESSION OF THE USER.
Scope of license
This license is the complete statement of the agreement between the parties on the subject matter and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. There are no third party beneficiaries of any promises, obligations or representations made by TITLEBAR herein. Any waiver by TITLEBAR of any violation of this License by the user shall not constitute or contribute to a waiver of any other or future violation by the user of the same provision, or any other provision of this License.
The software is licensed, not sold, as "shareware". The term "shareware" means, the user can evaluate the software for up to 14 days. After those 14 days the user will either have to purchase a license for the software, or stop using the software and remove the software from the storage device(s) in possession of the user. Using the software beyond that 14-day evaluation period is a violation of international copyright laws.
The software and any all accompanying files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied. The user acknowledges that good data processing procedure dictates that any program, including the software, must be thoroughly tested with non-critical data before the user relies on it, and the user hereby assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of this EULA.
Warranty disclaimers and liability limitations
Any liability of TITLEBAR will be limited exclusively to refund of purchase price, if any. In addition, in no event TITLEBAR, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, will be liable for any indirect, incidental, consequential or punitive damages whatsoever relating to the use of the software or to the relationship of the user with TITLEBAR. This includes, but is not limited to, merchantability and fitness for a particular function.
In addition, in no event does TITLEBAR authorize the user to use the software in applications or systems where the software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by the user is entirely at their own risk, and he agrees to hold TITLEBAR harmless from any and all claims or losses relating to such unauthorized use. The entire risk related to the software performance or quality is assumed by the user.
Upon purchase, a serial number ("Software License Key") is granted by TITLEBAR to the user, which the user may not share, lease, rent or otherwise make available for anybody except the user himself, except the use of the software and the software license key required to install or use the software with the software license key on computers in the possession of the user.
The user may not install or use the software with the software license key on more personal computers than the software licenses keys the users owns in total of the software. The user may not install or use the software with the software license key on personal computers that are not in the possession of the user.
The user is allowed to include the software without the software license key on a cover CD-ROM for a book or a magazine without asking the permission of TITLEBAR, but only if TITLEBAR is informed about this. This information of TITLEBAR can be made by writing an email to firstname.lastname@example.org.
Private or non-commercial distribution of the software without the software license key is allowed, providing that no fee is charged, except for any fees necessary to cover the cost of distribution media. No information of TITLEBAR by the user is necessary this case.
The user is specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from TITLEBAR. TITLEBAR reserves the right to revoke the above distribution rights at any time, for any or no reason.
The software is confidential property of TITLEBAR. Reverse engineering (De-compilation) or disassembling of the software is strictly prohibited. Changing the software, the documentation, the distribution form (archive) or any other part of the software in any way is strictly prohibited.
Copyright and trademarks
All rights reserved by TITLEBAR and/or the respective authors listed within the software.
The name and logo of The Notifier is a registered trademark of TITLEBAR. Microsoft, Windows, and Windows NT are registered trademarks of Microsoft Corporation. All other brand names and product names used are trademarks or trade names of their respective companies. All references, logos, images, names, products, software and hardware are or may be copyrights or trademarks of their respective companies. No infringement is intended.
© 2005 Copyright by TITLEBAR Ltd. | Version 01