End user agreement for Free Easy CD DVD Burner
END-USER LICENSE AGREEMENT
Koyote Soft Free Easy CD DVD Burner
1. SOFTWARE OWNERSHIP AND PROPRIETARY RIGHTS
This Software is protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Software is the sole property of the Company or its affiliates or partners. The Software may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Software. The Company does not convey, through allowing access to the Software and using the Software, any ownership rights in the Software. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Software. To the extent that the Software allows you to download and/or use any parts of it, including, without limitation, any Web plugins (collectively, "Applications"), Your usage of such Applications are solely pursuant to a restricted, personal, non-commercial and non-exclusive license which the Company hereby grants to You only for so long as the Company continues to allow You to have access to the Software. By using the Applications, You hereby agree that the Company or its suppliers owns all rights, title and interest in and to the Applications and any modifications or improvements thereof, including any copyright, patent or trade secret right inherent therein or appurtenant thereto. You are prohibited from using the Applications for any purpose other than your personal use of the Software in accordance with these Terms. You may not copy the Applications or transfer or disclose the Applications to any third party, or create any derivative works of the Applications, or use the Applications for any commercial purpose. In the event that the Company terminates or suspends Your access to the Software for any reason, the foregoing license to the Applications will automatically terminate and You shall immediately cease all use of the Applications and delete any and all copies of the Applications in Your possession. The Applications are provided on an "AS IS" basis, with no warranties of any kind, express or implied.
This agreement permits you to use one copy of this Software, which may include electronic documentation, on a single computer/workstation. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM drive or other storage device) of that computer. You may not use the Software on or over a network or any other transfer device without each concurrent user having an original copy of the Software and its documentation. This license is not transferable to any other system, or to another organization or individual. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the Software.
You may not distribute printed copies of any user documentation provided in electronic format. Regardless of the type of media you receive, you may only use the portion appropriate for your single user computer/workstation.
THE SOFTWARE MAY BE USED TO CREATE AN UNLIMITED NUMBER OF FREELY DISTRIBUTABLE, ROYALTY-FREE SETUP PROGRAMS, PROVIDED THAT YOU DO NOT MODIFY THESE SETUP PROGRAMS.
You can freely distribute the Software, provided that:
i. You only distribute the original installation program of the Software. You can download the original installation program of the Software from Koyote Soft Web site: http://www.koyotesoft.com/indexEn.html
ii. You DO NOT charge, or ask for donations, for this.
iii. You DO NOT distribute it with any other product, commercial or not, without prior written permission.
By using this Software and/or the Applications, You agree and consent to having the Applications automatically apply any modifications to Web pages which you view for the purpose of adding (in the Company's sole discretion) any and all features and functionality currently provided by the Company and/or provided by the Company in the future.
2. ELIGIBILITY; SCOPE OF TERMS
You must be over the age of legal majority to access or use the Software. These Terms govern Your access and use of the Software and all applications and services (collectively, "Services") available via the Software, except to the extent such Services are subject to a separate agreement, additional terms may apply to the use of some or all of the Services provided to You via the Software.
3. UNAUTHORIZED ACCESS
Unauthorized access to the Software is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Software, except those automated means that we have approved in advance and in writing.
The Company may discontinue or suspend the Software at any time without notice, and the Company may block, terminate or suspend Your access to the Software at any time for any reason in its sole discretion, even if access to the Software continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Software. You acknowledge and agree that Software shall not be liable to You or any third party for any termination or suspension of Your access to the Software.
5. DISCLAIMER OF WARRANTY
THE SOFTWARE AND THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE THE SOFTWARE, ITS CONTENT AND THE APPLICATIONS. THE COMPANY AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SOFTWARE, THE APPLICATIONS, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SOFTWARE. NO INFORMATION OBTAINED BY YOU FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY THE COMPANY IN THE TERMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SOFTWARE, ITS CONTENT AND THE APPLICATIONS IS AT YOUR OWN RISK.
6. LIMITATION OF LIABILITY
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Software or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
8. LINK TO OTHER SITES
From time to time the Company may provide links on the Software that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by the Company. the Company makes no representations concerning the information provided nor does the Company endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. The Company expressly disclaims all liabilities associated with these third party websites and product or services.
9. ADDITIONS TO SOFTWARE; 3rd Party Dependencies
LAME: This Software uses the LAME mp3 library, created and owned by the LAME developers. The LAME project can be found at http://lame.sourceforge.net.
LAME is licensed under the GNU Library General Public License 2.0 (LGPLv2.0) and its source code can be downloaded from
http://www.koyotesoft.com/appli/lame-3.98.4.tar.gz. Read the COPYING.LGPLv2 file for details on the LGPLv2.
Frog ASPI: This Software uses Frog Aspi: http://www.frogaspi.com
vbAccelerator :This Software includes software developed by vbAccelerator: http://vbaccelerator.com/
The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and the Company, these Terms constitute the entire agreement between You and the Company with respect to the use of the Software, any service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with the Company. You may provide notices to the Company via email to email@example.com or by writing to 40 kimonos st.3095 Limassol, Cyprus.
BY CHECKING THE “I ACCEPT THE LICENSE AGREEMENT” BOX AND CLICKING ON THE “NEXT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND THAT YOU ARE IN AGREEMENT WITH AND ARE WILLING TO ACCEPT ALL OF THE TERMS SET FORTH HEREIN.