End user agreement for FileAmigo LE
FILEAMIGO LE/PRO 7 LICENSE AGREEMENT
Copyright (C) 2000-2006 Sierra Software.
All Rights Reserved
This license applies to the FileAmigo 7 software application. Subject to the terms herein, Sierra Software hereby licenses you to use this software ("FILEAMIGO 7").
You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed Sierra Software. Your use, distribution, or installation of this copy of FileAmigo 7 indicates your acceptance of this License. By using, copying, transmitting, distributing or installing FileAmigo 7, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit, distribute, or install FileAmigo 7. If you paid SIERRA SOFTWARE or an authorized SIERRA SOFTWARE distributor for this copy individually, you may return it unused, within thirty (30) days after purchase, for a full refund of your payment.
FileAmigo LE 7 may be used on one (1) PC to access files on that PC. FileAmigo LE 7 is a free version for one installation of the software on a single PC running Windows.
FileAmigo Pro 7 may be used by one workgroup on one or more PCs to access files on that PC or on a file server. FileAmigo Pro 7 is licensed software and requires a license fee. See our web site at www.FileAmigo.com for more information. Unregistered use of FileAmigo Pro is in violation of U.S. and international copyright laws.
FileAmigo 7 LE/Pro, may be used to create an unlimited number of data files. These data files contain, among other things, a portion of FileAmigo, including copyrighted software, proprietary notices, and identifying information (the "Application Software"). You may not alter or modify the Application Software, nor give anyone permission to do so.
You may, without making any payment to SIERRA SOFTWARE:
a) Give exact copies of the self-extracting setup distribution file to anyone, except for the purpose of extending a license.
b) Distribute exact copies of the self-extracting setup distribution file, if done exclusively through electronic channels; and
c) Make as many exact copies of the self-extracting setup distribution file as you wish, for purposes of distribution as described in (a) and (b) above.
YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM SIERRA SOFTWARE. SIERRA SOFTWARE RESERVES THE RIGHT TO REVOKE THE ABOVE DISTRIBUTION RIGHTS AT ANYTIME, FOR ANY OR NO REASON.
YOU MAY NOT ALTER OR MODIFY THE APPLICATION SOFTWARE, NOR GIVE ANYONE PERMISSION TO DO SO. UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO DISTRIBUTE DATA FILES CREATED BY FILEAMIGO 7. UNDER NO CIRCUMSTANCES MAY LICENSES BE REASSIGNED, LOANED, RENTED, LEASED, SOLD OR OTHERWISE PROVIDED TO ANYONE OTHER THAN THE ORIGINAL LICENSEE.
THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN NO EVENT SHALL SIERRA SOFTWARE, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF FILEAMIGO 7, OR YOUR RELATIONSHIP WITH SIERRA SOFTWARE.
IN ADDITION, IN NO EVENT DOES SIERRA SOFTWARE AUTHORIZE YOU TO USE FILEAMIGO 7 IN APPLICATIONS OR SYSTEMS WHERE FILEAMIGO 7'S FAILURE TO PERFORM CAN RESULT IN FINANCIAL LOSS, PHYSICAL INJURY, OR LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD SIERRA SOFTWARE HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. The laws of the California shall govern this Agreement. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the State of California, and you consent to such jurisdiction and venue.
SIERRA SOFTWARE entirely and exclusively reserves to and all rights of any kind in FileAmigo 7, which are not expressly granted in this License. You may not rent, lease, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on FileAmigo 7. You may not make access to FileAmigo 7 available to others in connection with a service bureau, application service provider, or similar business, or use FileAmigo 7 in a business to provide services to others. There are no third party beneficiaries of any promises, obligations or representations made by SIERRA SOFTWARE herein.