End user agreement for PinderSoft WhiteBoard 2008
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("WhiteBoard PS") PRODUCED BY PINDERSOFT. ("PINDERSOFT"). BY CLICKING THE ACCEPT BUTTON OR INSTALLING WHITEBOARD PS , YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL WHITEBOARD PS .
There is NO Adware or Spyware included in this program.
1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, PinderSoft hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of WHITEBOARD PS and any accompanying documentation. You may install one copy of WHITEBOARD PS on one computer, workstation, personal digital assistant, pager, "smart phone" or other electronic device for which WHITEBOARD PS was designed (each, a "Client Device"). If WHITEBOARD PS is licensed as a suite or bundle with more than one specified Software products, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
a. Use. WHITEBOARD PS is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section 1. WHITEBOARD PS is "in use" on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This license authorizes you to make one copy of WHITEBOARD PS solely for backup or archival purposes, provided that the copy you make contains all of WHITEBOARD PS proprietary notices
b. Server-Mode Use. To the extent such use is specified in the applicable product invoicing or packaging for WHITEBOARD PS, you may use WHITEBOARD PS on a Client Device or on or as a server ("Server") within a multi-user or networked environment ("Server-Mode") for either (i) connecting, directly or indirectly, to not more than the maximum number of specified Client Devices, or (ii) deploying not more than the maximum number of agents (pollers) specified for deployment. If no such maximum number is specified, this is a single product use license subject to subsection (a) above. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to or actually accessing or using WHITEBOARD PS. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing WHITEBOARD PS (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to WHITEBOARD PS can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of WHITEBOARD PS does not exceed the use limits specified for the license you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all of the Documentations proprietary notices.
c. Volume Use. If WHITEBOARD PS is licensed with volume license terms specified in the applicable product invoicing or packaging for WHITEBOARD PS, you may make, use and install as many additional copies of WHITEBOARD PS on the number of Client Devices as the volume license terms specify. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which WHITEBOARD PS has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documentations proprietary notices.
2. Term. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. When this agreement terminates, you must destroy all copies of WHITEBOARD PS and the Documentation. You may terminate this Agreement at any point by destroying all copies of WHITEBOARD PS and the Documentation.
3. Updates. During the term of this Agreement, you may download revisions, upgrades, service packs or updates to WHITEBOARD PS when and as PinderSoft publishes them via its electronic bulletin board system, website or through other online services.
4. Ownership Rights. WHITEBOARD PS is protected by USA copyright laws and international treaty provisions. PinderSoft and its suppliers own and retain all right, title and interest in and to WHITEBOARD PS, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of WHITEBOARD PS does not transfer to you any title to the intellectual property in WHITEBOARD PS, and that you will not acquire any rights to WHITEBOARD PS except as expressly set forth in this Agreement. You agree that any copies of WHITEBOARD PS and Documentation will contain the same proprietary notices which appear on and in WHITEBOARD PS and Documentation.
5. Restrictions. You may not rent, lease, loan or resell WHITEBOARD PS. You may not permit third parties to benefit from the use or functionality of WHITEBOARD PS via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product packaging for WHITEBOARD PS . You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble WHITEBOARD PS , except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, WHITEBOARD PS in whole or in part. You may not copy WHITEBOARD PS or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on WHITEBOARD PS . All rights not expressly set forth hereunder are reserved by PinderSoft. PinderSoft reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.
6. Warranty and Disclaimer
a. Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, WHITEBOARD PS IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING WHITEBOARD PS TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM WHITEBOARD PS . WITHOUT LIMITING THE FOREGOING PROVISIONS, PINDERSOFT MAKES NO WARRANTY THAT WHITEBOARD PS WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT WHITEBOARD PS WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINDERSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO WHITEBOARD PS AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PINDERSOFT OR ITS SUPPLIERS 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. IN NO EVENT WILL PINDERSOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE PINDERSOFT CHARGES FOR A LICENSE TO WHITEBOARD PS, EVEN IF PINDERSOFT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. Export Controls. Neither WHITEBOARD PS nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korean, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Departments list of Specially Designated Nations or the United States Commerce Departments Table of Denial Orders. By downloading or using WHITEBOARD PS you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. High Risk Activities. WHITEBOARD PS 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 of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of WHITEBOARD PS could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). PinderSoft expressly disclaims any express or implied warranty of fitness for High Risk Activities.
10. Miscellaneous. This Agreement is governed by the laws of the USA and the European Union, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of WHITEBOARD PS and is the entire agreement between the parties. This agreement supersedes any other communications with respect to WHITEBOARD PS and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of PinderSoft. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by PinderSoft or a duly authorized representative of PinderSoft. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
11. To delete WHITEBOARD PS from your PC, just do it. It is not registered in any registry
a. Anyone distributing WHITEBOARD PS for any kind of remuneration must first contact PINDERSOFT at the address below for authorization. This authorization will be automatically granted to distributors recognized by the (ASP) as adhering to its guidelines for shareware distributors, and such distributors may begin offering WHITEBOARD PS immediately (However PINDERSOFT must still be advised so that the distributor can be kept up-to-date with the latest version of WHITEBOARD PS).
b. Redistributors may place WHITEBOARD PS on their website, a CD, or any other media they wish to distribute it on as long as they do not alter or change any part of the program or documentation, pertaining to article 5 above.
c. You are encouraged to pass a copy of WHITEBOARD PS along to your friends for evaluation.
d. What you may not redistribute, give away, reverse engineer, or sell is the registration code.
13. WHITEBOARD PS is a "freeware program" and is provided at no charge to the user. Feel free to share it with your friends, relatives, or anyone else, but please do not give it away altered or as part of another system.
12. PINDERSOFT CUSTOMER CONTACT. There is none. This product is freeware, which means you use it as is, it is unsupported. But, if you have any questions concerning these terms and conditions, or if you would like to contact PinderSoft for any other reason, please call +49 / 9105 / 99 00 87, or write: PinderSoft, Sonnenblick 1, 90613 Grosshabersdorf, Germany. Website: http://www.pindersoft.com. Email: email@example.com