End user agreement for StanleyHero Randomizer
StanleyHero - License
Copyright © 2002-2005
BEFORE YOU USE THIS SOFTWARE, CAREFULLY READ THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
The term "Software" used below refers to STANLEYHERO Random Numbers Generator, any associated software components, any related files and printed materials.
This copy of the Software is licensed to you as the end user and/or Licensee.
Click on 'I agree with the enclosed License agreement and these terms' to indicate your acceptance of these terms. (to use this software)
Click on 'I disagree with the enclosed License agreement and these terms' to indicate you do not accept these terms. (to terminate this software)
You may use this software only as described in this non-exclusive license, provided that you agree to the following:
This "Licensing Agreement" is entered into between STANLEYHERO and the Licensee of StanleyHero Random Numbers Generator.
This software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This software is licensed, not sold.
1. YOUR RIGHTS.
Subject to the provisions contained herein, Stanleyhero hereby grants to the Licensee a limited, non-exclusive, non-sublicensable, non-transferrable license to install and use this Software in a single location on a hard disk or other storage device.
Licensee may make a single copy of the Software for back-up and archival purposes only, provided that any copy must contain all proprietary notices included in the original.
Otherwise, the Software may not be copied in whole or in part.
By using this software, you are consenting to be bound by and are becoming a party to this agreement as a licensee.
If you do not agree to all of the terms of this agreement, do not install the software, do not use it, cease all use of it.
Furthermore you shall delete the Software and destroy any archival copies of the Software and other materials related to the Software in your possession or under your control.
Licensee shall use the Software on only a single computer, or on a computer network providing that each computer have its own individual licensed copy installed.
Licensee shall not be deemed, by anything contained in or done pursuant to this Agreement to acquire any right, title, or interest in any copyright, trademark, or other intellectual property of Stanleyhero, and shall do nothing to prejudice the value or validity of the respective owner's rights therein or ownership thereof.
2.1) The software is licensed as a single product. Its component parts may not be separated and must remain intact.
2.2) The software is licensed as a:
2.2a) licensed as a "freeware" product as long as you do not profit from it monetarily, commercially or otherwise.
2.2b) licensed as a "shareware" product if you intend to profit from itmonetarily and under such circumstance you may either choose option
"A" or option "B" for its continued use:
- pay a one time license fee of $5.00 u.s., before option "B" comes into effect and supersedes option "A"
- pay a one time license fee of 10 percent of your first winnings if software is used for any kind of lottery
2.2c) licensed as a "commercial" product in all other cases where profit is made from it, under such circumstance you may either choose option
"A" or option "B" for its continued use:
- pay a one time license fee of $5.00 u.s. or wait for option "B"
- pay a one time license fee of "listen to your gut feeling and give the man his dues so he can feed his kids", whatever amount you feel is fair
2.3) Licensee is prohibited from selling or distributing the Software in any manner,unless you have obtained the express written consent of STANLEYHERO to do so.
In such case only the most recent version of the software may be distributed as described herein.
For the latest version we urge you to consult the StanleyHero.com website to find out the current version number available.
2.4) Licensee shall not assign, rent, lease, lend, sell or otherwise transfer any of its rights in the Software or in this Agreement, without the express written approval of Stanleyhero.
2.5) You may not (and shall not permit other persons or entities to) reduce the Software to human readable form, reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not (and shall not permit other persons or entities to) create derivative works based on the Software, and may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright.
You may not (and shall not permit other persons or entities to) modify, alter, or transform the SOFTWARE, or any copy thereof, in whole or in part, or otherwise attempt to discover the source code of the Software.
2.6) Stanleyhero is the owner of all right, title and interest in and to the Software. The Software is protected by the copyright laws of CANADA and international copyright conventions and treaties.
Stanleyhero reserves all rights in the Software except as specifically licensed to Licensee herein.
Except as expressly provided herein, Licensee shall not copy, modify, reproduce, display, decompile, reverse engineer, store, translate, sell, lease or otherwise transfer or distribute the Software, in whole or in part, nor may Licensee use the Software with the intent to clone any proprietary product to Stanleyhero. All rights not specifically granted herein to Licensee are reserved to Stanleyhero.
All title to and copyrights in the SOFTWARE PRODUCT (including but not limited to any images, audio, text, and animations, incorporated into the software), the accompanying printed materials, and any copies of the software are owned by STANLEYHERO.
2.7) Stanleyhero is not obligated to provide maintenance or updates to Licensee for the Software.
However, any maintenance or updates provided by Stanleyhero shall be covered by this Agreement, unless expressly subject to the terms of another agreement to which Stanleyhero is a party.
2.8) This License will terminate if you fail to comply with its terms and conditions.
If your license does terminate, you must destroy all copies of the Software.
The termination of this license will not limit STANLEYHERO's other rights it may have by law.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. PRODUCT IS DEEMED ACCEPTED BY LICENSEE UPON IT'S USE BY LICENSEE.
THIS SOFTWARE/PRODUCT IS PROVIDED TO LICENSEE AS IS, WITHOUT WARRANTY OF ANY KIND.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH LICENSEE.
IN NO EVENT SHALL THE AUTHOR, HIS CONTRIBUTORS, STANLEYHERO OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, OR OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE AND ITS CONTENTS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE CAUSED TO YOU OR TO THIRD PARTIES.
You agree to indemnify, hold harmless, and defend STANLEYHERO and its suppliers from and against any claims or lawsuits, including attorney's fees that may arise from the direct or indirect use of this software.
Stanleyhero will not be liable toward Licensee for, and Licensee will defend and hold Stanleyhero harmless against, any expense or claim based on Licensee's use of any Content within the software arising from any intellectual property claim (including patent, trademark, copyright, or trade secret infringement), any right of publicity or privacy claim, or any defamation or unfair competition claim.
Licensee will ensure that any and all copyright notices, watermarks and trademark or reservation of rights language included in the software are not removed.
Nothing within this Agreement should be construed as creating any kind of partnership between Licensee and Stanleyhero. Nor is it contained or implied anywhere within this documentation.
The license for the use of the software shall be considered null and void upon violation of any terms of this agreement.
BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS THEREIN.
The end user acknowledges and agrees that this is thereby governed by the Laws of Canada and Quebec.
The LICENSEE and STANLEYHERO submit to the jurisdiction of the Courts of Canada and Quebec, Canada.