End user agreement for Tirminal
TIRMINAL BY ETOUCHWARE, INC
END USER LICENSE AGREEMENT
IMPORTANT: READ THE ENTIRE EULA (END USER LICENSE AGREEMENT) FIRST BEFORE CLICKING NEXT! BY CLICKING NEXT, OR OPENING AND RUNNING THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT REGARDING THE USE OF ALL OR ANY PORTION OF THE SOFTWARE.
This is a legal agreement between you, the end user, (“you" or “your"), and eTouchware, Inc. the provider of the software Tirminal (“Tirminal").
eTouchWare Inc. grants to you a personal, non-exclusive, non-transferable, non-sublicensable, license to use its software - Tirminal, with which this agreement is provided, including any product documentation and any modifications, error corrections, bug fixes, new releases or other updates (collectively, the "Software") and/or the service and the network related, if applicable, thereto (collectively, the "Service") that may be provided hereunder by Tirminal during the term of this Agreement.
This program is not free. It is an evaluation version of copyrighted software. If you use it beyond the evaluation period, you are expected to register it with the author. Please check the program's documentation for details.
The Software is made available for downloading solely for use by end users according to the License Agreement. You may not decompile, reverse engineer, disassemble or otherwise reduce the software to a human perceivable form. You may not modify, rent or resell for profit the software, or create derivative works based upon the software. Tirminal documentations, versions and all other trademarks or registered trademarks are the property of their respective owners. Law expressly prohibits any reproduction or redistribution of the Software not in accordance with the License Agreement.
Copying or reproduction of the Software to any other server or location for further reproduction or redistribution is prohibited. Any reproduction of the Tirminal software products or programs designed and developed by eTouchWare Inc. is prohibited.
For more information about the Tirminal software and its products visit our World Wide Web pages at http://www.Tirminal.com. All rights not specifically mentioned in this agreement, including ownership rights, intellectual property rights, trademarks and copyright, are reserved by eTouchWare Inc.
You may not rename, edit or create any derivative works from the SOFTWARE PRODUCT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by eTouchWare Inc. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
eTouchWare Inc. disclaims all liability, express and implied, related to your use of its software and the service provided to you or any other person or entity for any direct or indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if you have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. eTouchWare Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT.
WITHOUT LIMITATION, YOU AGREE THAT ETOUCHWARE INC. SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES, EVEN IF TIRMINAL BECOMES AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE RECOURSE IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SOFTWARE OR THE SERVICE OR IN THE EVENT THAT YOU SUFFER FINANCIAL OR OTHER INJURY OR DAMAGE IS TO CEASE USING THE SOFTWARE AND THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF ALL DAMAGES OR INDIRECT DAMAGES, AND IN SUCH EVENT, YOU AGREE THAT THE LIMIT OF TIRMINAL LIABILITY SHALL BE ONE HUNDRED DOLLARS.
eTouchware Inc. provided The Software and the Service “as is” and “as availbe”. Any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with you. The Software is being delivered to you "AS IS" and eTouchWare Inc. makes no warranty as to its use or performance. eTouchWare Inc. and its employees, shareholders, directors and suppliers do not and cannot warrant the performance or results you may obtain by using the software.
ETOUCHWARE IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, INOFFENSIVENESS OR LEGALITY OF ANY CONTENT MADE AVAILABLE BY USERS OF THE SERVICE.TIRMINAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE AND THE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The most recent versions of these documents can be found at http://www.tirminal.com/.
As a condition of your using the Software and the Service, you agree that you will not (a) use the Software or the Service to download, upload, use, share with others or otherwise copy or distribute music, movies, images or other content for which you have not obtained all necessary rights from the owner or rightful licensor of such content; (b) modify content identifiers (such as the title or the name of the creator of that content) in order to disguise the origin or description of any content; (c) download, upload, use, share with others or otherwise copy or distribute any content that is defamatory, harassing, obscene, invasive of another's privacy, or is otherwise illegal; (d) harm minors in any way, including without limitation by sharing or downloading child pornography; (e) upload, share with others or otherwise distribute any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (g) export or re-export the Software except in compliance with the export control laws of the United States and other relevant jurisdictions; or (h) collect any information about Tirminals’ network or users of the Software or Service by monitoring, interdicting or intercepting any process of the Software or the Service.
You agree to defend, indemnify and hold harmless eTouchware Inc. from any violation by you of the terms of this Agreement.
In order to use the Service, you hereby grant permission for the Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the transfer of digital files and communication between the users of the Software and the Service.
The copyright, trade secrets and all other intellectual property rights in the Software, product documentation and Service (including any images, photographs, animations, video, audio, music and text incorporated in them) and all trademarks and trade names associated with them are owned by eTouchware Inc. or its suppliers and are protected by the copyright, trademark and other laws of the United States and other countries and by international treaty provisions. You may not use any of them except as expressly permitted in this Agreement. Tirminal retains all rights not expressly granted in this Agreement.
Portions of the Software may contain software licensed from third parties and are subject to the terms and conditions of third party license agreements. You agree to comply with all such terms and conditions.
In the event that we receive notice that your use of the Software or the Service (including without limitation, your distribution of content through the Service) infringes the intellectual property rights of a third party or if you send material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense or that could give rise to civil liability or that otherwise violates any law, regulation, the terms of this Agreement or any of our policies, we reserve the right to terminate your use of the Software and the Service and to remove any files sent by you that are stored on our servers, with or without notice. We also reserve the right to decide whether content sent by you is appropriate and complies with this End User License Agreement. Upon any such termination, you will then cease any and all use of the Software and Service and will remove the Software from all hard drives, networks, and other storage media and destroy all originals and copies of the Software in your possession or under your control.