End user agreement for AllWebMenus Web/jQuery Tooltips Addin
AllWebMenus Web/jQuery Tooltips Addin
Dated: January 25, 2010
Author: Likno Software
END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
IMPORTANT - READ CAREFULLY:
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
LIKNO SOFTWARE, INCLUDING ITS AUTHORIZED
AGENTS AND DISTRIBUTORS ("Likno Software"). PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE CONTINUING
WITH THE INSTALLATION, IN WHATEVER MEDIA
FORMAT, OF THE ALLWEBMENUS SOFTWARE, INCLUDING
ASSOCIATED WRITTEN DOCUMENTATION (THE "SOFTWARE").
IF YOU CHOOSE TO ACCEPT ALL THE TERMS OF THIS
LICENSE AGREEMENT BY CLICKING "Yes" AT THE RELATED
QUESTION AT THE START OF THE INSTALLATION,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS
AGREEMENT, CLICK "No" TO TERMINATE THE INSTALLATION
OF THE SOFTWARE.
1. GRANT OF LICENSE:
a. This is a license, not a sale of the Software;
b. Upon payment by you and receipt by Likno Software of the license
fee prescribed by Likno Software from time to time (the "License
Fee"), Likno Software grants to you a non-exclusive license to
use one copy of the Software in accordance with the
terms and conditions set forth in this Agreement
("Single User Licensees');
c. Single-User Licensees shall only use the Software on a
single computer subject, however, to the limited
exception that you may use the Software on a second
(portable or home) computer provided it is used only
by you and provided only one copy of the Software is
used at one time;
d. The produced menus and their respective libraries
(Software Output) shall only be used on Internet or Intranet
web sites that reside on a web server.
e. A special "Likno Web Modal Windows Builder License for Distributed Application"
is required for use of the Software Output on distributed software,
such as demos, applications or CD-based webs.
2. COPYRIGHT, TRADEMARKS AND TRADE SECRETS:
a. Likno Software owns intellectual property rights in the Likno Web Modal Windows Builder Software;
b. Further, the Software's structure, sequence, organization
and code are the valuable trade secrets of Likno Software;
c. The Software is protected against unauthorized use
by United States and Canadian copyright laws and
international treaty provisions;
d. This Agreement does not grant you any intellectual property
rights in the Software. Unpublished rights are reserved.
3. PASSWORD and CONFIDENTIALITY:
a. Upon payment of the License Fee,
you will be provided, through Likno Software's authorized agent,
with a confidential password to access the Likno User Area Account
(the "Password") and get the Activation Code that unlocks
your installation (the "Activation Code").
b. You shall, at all times and without exception, maintain the
confidentiality of the Password and the Activation Code.
Specifically, you shall not disclose the information associated
with the Password to any other person, corporation or any other
c. These provisions also hold for any new Activation Code
issued to you for the purpose of unlocking a re-installation of
the existing single-user license.
4. PROHIBITED USES:
a. You may not reverse-engineer, decompile, disassemble,
modify, translate, or create derivative works;
b. You may not display the Software code in human-readable
c. You may not use the Software Output on distributed software.
A special license is required for such use.
d. Without limiting the foregoing, you may not do anything
with the Software, Password or Activation Code that is not
expressly permitted by this Agreement.
a. Transfer of Password and Installed Software:
Subject to the terms of this Agreement, you may not copy,
transmit, assign, rent, lease, sublicense, distribute, lend
or otherwise transfer the Password, Activation Code or installed
Software, and you may not sell or license to others the right
to use the Password, Activation Code or installed Software,
in whole or in part.
b. Transfer of Software Distribution Program:
Subject to the terms of this Agreement, you may copy,
transmit, and distribute the Software distribution program
(LiknoWebModalWindowsBuilderSetup.exe) to others for the
sole purpose of evaluation provided no modifications or
additions are made to the Software distribution program,
or any associated files, and provided it is not bundled
in a distribution with any other software.
a. Upon payment of the License Fee, you are entitled to use
this version of the Software and receive minor releases
related to this version of the Software, at no extra
charge. Minor Releases are defined as releases where the
number to the left of the decimal point remains the same as
the Software for which a License has been granted, and the
number to the right of the decimal point for the said
Software is different. It is within Likno Software's sole discretion
to market, distribute or license releases as either Minor
Releases or Major Releases.
b. Likno Software is not responsible for any problems that may arise
due to the use of the software in browsers and versions that are not
available as of September 2002.
7. CUSTOMER SUPPORT:
a. Subject to Likno Software's availability and resources, customer
support for the Software may be provided by Likno Software through
its email address at firstname.lastname@example.org.
8. ARCHIVAL BACKUP OF SOFTWARE:
a. Likno Software authorizes you to make one copy of the Software for
backup or archival purposes.
a. This Agreement is effective from the time you click "Yes"
in the "Accept all the terms of the preceding License
Agreement?" box until this Agreement is terminated;
b. If at any time after clicking "Yes", you do not wish
to be bound by this Agreement, you shall terminate this
Agreement by notifying Likno Software in writing, at one of the
addresses below, of such termination;
c. Further, this Agreement will terminate immediately and
without further notice if you fail to comply with any
provision of this Agreement;
d. Upon termination of this Agreement, for any reason, you
agree to destroy all copies of the Software by
uninstalling, deleting or taking any steps necessary to
render the Software unusable.
10. SURVIVAL UPON TERMINATION:
a. All obligations of confidentiality, rights associated with
intellectual property and restrictions on use and all other
provisions that may reasonably be interpreted to survive
termination of this Agreement, will survive termination of
this Agreement for any reason.
11. WARRANTY DISCLAIMERS:
a. The Software is licensed to you on an "AS IS" basis;
b. TO THE EXTENT PERMITTED BY LAW, LIKNO SOFTWARE
EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS, OF ANY KIND, EXPRESS, STATUTORY
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE;
c. The entire risk as to the quality and performance of the
Software is with you. Should the Software or the
Documentation prove defective, you (and not Likno Software)
assume the entire cost of all necessary servicing or repair.
d. LIKNO SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR OPERATE IN THE COMBINATION
THAT YOU MAY SELECT FOR USE, THAT THE
OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. NO ORAL
OR WRITTEN STATEMENT BY LIKNO SOFTWARE OR ITS
AUTHORIZED AGENTS OR DISTRIBUTORS SHALL
CREATE A WARRANTY OR INCREASE THE SCOPE
OF THIS WARRANTY;
e. LIKNO SOFTWARE FURTHER DOES NOT PROVIDE ANY
WARRANTY WITH RESPECT TO THE DETECTION
OR ELIMINATION OF COMPUTER VIRUSES IN
f. LIKNO SOFTWARE DOES NOT WARRANT THE SOFTWARE AGAINST
INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY
COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK
OR OTHER PROPRIETARY RIGHT OF ANY THIRD
PARTY AND DOES NOT WARRANT THAT THE
SOFTWARE DOES NOT INCLUDE ANY VIRUS,
SOFTWARE ROUTINE OR OTHER SOFTWARE
DESIGNATED TO PERMIT UNAUTHORIZED ACCESS,
TO DISABLE, ERASE OR OTHERWISE HARM
SOFTWARE, HARDWARE OR DATA, OR TO PERFORM
ANY OTHER SUCH ACTIONS;
g. Some states or jurisdictions do not allow the exclusion of
implied warranties, conditions or limitations, so the above
may not apply to you and your rights may vary from
jurisdiction to jurisdiction. Any warranties that by law
survive the foregoing disclaimers shall terminate sixty
(60) days from the date you installed the Software.
12. LIMITATION OF LIABILITY:
a. YOUR SOLE REMEDIES AND LIKNO SOFTWARE's ENTIRE LIABILITY
FOR THE SOFTWARE ARE SET FORTH IN THIS
AGREEMENT. IN NO EVENT WILL LIKNO SOFTWARE BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST SAVINGS, RESULTING FROM THE USE OF THE
SOFTWARE, THE INABILITY TO USE THE SOFTWARE,
OR ANY DEFECT IN THE SOFTWARE, EVEN IF LIKNO SOFTWARE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY;
b. You agree that Likno Software shall not be liable for defense costs
or indemnity with respect to any claim against you by any
third party arising from your possession or use of the
c. In no event shall Likno Software's maximum aggregate liability to
you for all damages, losses, and causes of action (whether
in contract, tort, including negligence, or otherwise)
exceed the License Fee you paid for the Software;
d. The limitations imposed by this section shall apply whether
or not the alleged breach or default is a breach of a
fundamental condition or term;
e. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitations or exclusions may not apply to you.
13. NOT INTENDED FOR HIGH-RISK ACTIVITIES:
a. The Software is not designed, manufactured or intended for
use as online equipment control equipment in hazardous
environments requiring fail-safe performance, such as, but
not limited to, the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to
death, personal injury, or severe physical or environmental
damage. LIKNO SOFTWARE SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
ANY HIGH RISK USES LISTED ABOVE.
14. GOVERNING LAW AND INTERPRETATION:
a. The rights and obligation of the parties under this
agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of
b. If any provision of this Agreement is held to be illegal,
void or unenforceable by a court or tribunal of competent
jurisdiction, the remaining provisions of this Agreement
shall remain in force and effect and the invalid provision
deemed modified to the least degree necessary to remedy
15. NOTICE TO U.S. GOVERNMENT END USERS:
a. The Software may be "Commercial Items" as that term is
defined at 48 C.F.R. 2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. 12.212
or 48 C.F.R. 227.7202, as applicable. Consistent with 48
C.F.R. 12.2112 or 48 C.F.R. 227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being
licensed in this Agreement to United States Government
licensees (A) only as Commercial Items and (B) with only
those rights as are granted to all other licensees pursuant
to the terms and conditions herein.
16. ENTIRE AGREEMENT:
a. This Agreement is the entire agreement between you and
Likno Software and supersedes all prior agreements, oral or written
with respect to this license.
Questions concerning this Agreement may be directed to Likno Software
Email address for termination of this Agreement:
Copyright 2010 by Likno Software. All rights reserved.