End user agreement for ePhoto Uploader
END USER LICENSE AGREEMENT
This copy of ePhoto Uploader ("the Software Product") and accompanying
documentation is licensed and not sold. This Software Product is protected by copyright laws and
treaties, as well as laws and treaties related to other forms of intellectual property.
ePhotoBay or its subsidiaries, affiliates, and suppliers (collectively "ePhotoBay") own
intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to
download, use, copy, or change the Software Product is subject to these rights and to all the terms
and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE
PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU
WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
"DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage
medium other than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple copies of the Software
Product, or the installation of the Software Product on more than one computer at any given time,
on a system that allows shared used of applications, on a multi - user network, or on any
configuration or system of computers that allows multiple users. Multiple copy use or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Restrictions on Transfer
Without first obtaining the express written consent of ePhotoBay, you may not assign your
rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense,
or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software Product by more than one
user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of computers
permitted by license, or permit the use, copying, or installation by more users, or on more
computers than the number permitted by license.
You may not decompile, "reverse - engineer", disassemble, or otherwise attempt to derive the
source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product
or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored
on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY
ePhotoBay, ePhotoBay MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN
THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE
ePhotoBay makes no warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. ePhotoBay makes no warranty that operation
of the Software Product will be secure, error free, or free from interruption.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
ePhotoBay WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE
OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION
UNDER NO CIRCUMSTANCES SHALL ePhotoBay, ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY
FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR
EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR
FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE
SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH
OF WARRANTY, OR THE NEGLIGENCE OF ePhotoBay OR ANY OTHER
PARTY, EVEN IF ePhotoBay IS ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE
JURISDICTION LIMITS ePhotoBay'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace
shall be solely at the discretion of ePhotoBay. ePhotoBay reserves the right to
substitute a functionally equivalent copy of the Software Product as a replacement. If
ePhotoBay is unable to provide a replacement or substitute Software Product or corrections
to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the
Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by ePhotoBay to have been caused
by you. All limited warranties on the Software Product are granted only to you and are non -
transferable. You agree to indemnify and hold ePhotoBay harmless from all claims,
judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect. To the extent any express or implied
restrictions are not permitted by applicable laws, these express or implied restrictions shall remain
in force and effect to the maximum extent permitted by such applicable laws.