End user agreement for Ape Free
END USER LICENSE AGREEMENT
NOTICE TO USER:
THIS IS A CONTRACT. THIS END USER LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY. AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE.
THE SOFTWARE AND DOCUMENTATION THAT YOU OBTAINED HEREIN IS NOT SOLD TO YOU, BUT LICENSED TO YOU BY HELICON TECH CORPORATION FOR USE ONLY PURSUANT TO THE TERMS OF THIS END USER LICENSE AGREEMENT AND HELICON TECH CORPORATION RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN. THE RIGHTS GRANTED HEREIN ARE LIMITED TO HELICON TECH CORPORATION'S INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT AND DO NOT INCLUDE ANY OTHER PATENTS OR INTELLECTUAL PROPERTY RIGHTS. YOU OWN THE MEDIA ON WHICH THE PRODUCT IS RECORDED BUT HELICON TECH CORPORATION AND/OR HELICON TECH CORPORATION 'S LICENSOR(S) RETAIN OWNERSHIP OF THE PRODUCT AND SOFTWARE ITSELF.
This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), the licensee, and Helicon Tech Corporation (the “Licensor”), regarding the software and service titled “Ape” or “Ape Free” that you about to download, downloaded, or otherwise obtained through other resources or media, or though a network in object code form or other related services, including without limitation (a) all of the contents of the files, including ActiveX control, Java applet, disk(s), CD-ROM(s) or other media with which this Agreement is provided and including all forms of code, such as Source Code and Object Code as provided and in a form that is provided by Licensor to you (the “Software”), (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Licensor (collectively, the “Updates”) provided that the Updates shall not include a new subsequent releases of the Software bearing a new first numeral such as 2.0 or 3.0 (“New Releases”) but include any minor revisions of the Software version indicated by a change in the decimal numeral, such as 2.3 or 2.4, and (c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”).
For the avoidance of doubt, by way of example, but not exclusion, if a specific file is provided by Licensor in Object Code only, the Source Code for such files shall not be deemed a part of the Software provided by Licensor to you. For purposes hereof “Source Code” shall mean the human-readable form of the computer programming code and related system documentation including all comments and any procedural code such as job control language and “Object Code” shall mean computer programs assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling, or reverse-engineering.
You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any other source. For purposes hereof, “you” or “Licensee” means the individual person installing or using the Product on his or her own behalf (i.e. Permitted User (as such term defined below)); or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operating”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.
For the purposes of this Agreement, “Licensor Site” shall mean the Internet website maintained by or on behalf of Licensor from which the Software is available for download pursuant to a license from Licensor. The Licensor Site is currently located at www.helicontech.com.
BEFORE YOU CLICK ON THE “I ACCEPT THE LICENSE AGREEMENT” BUTTON CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR CLICK OF THE “I ACCEPT THE LICENSE AGREEMENT” BUTTON” BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I ACCEPT THE LICENSE AGREEMENT” BUTTON” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your computer unless or until you accept the terms of this Agreement. You may also receive a copy of this Agreement by contacting the Licensor at: email@example.com.
1. Proprietary Rights and Non-Disclosure.
1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and/or the valuable trade secrets of the Licensor or its suppliers and/or licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. The Licensor and/or its suppliers own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement.
1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the Licensor or its suppliers and/or licensors and constitutes trade secrets of the Licensor or its suppliers and/or licensors. Except as otherwise specifically provided herein, you agree not to disassemble, decompile or “unlock”, decode or otherwise reverse-translate or reverse-engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Product or any part thereof provided solely in Object Code form but you may change, add or delete any files of the licensed copy of the Products.
1.3. Confidential Information. You agree that, unless otherwise specifically provided herein the Product, including the specific design and structure of individual programs and the Product, constitute confidential proprietary information of the Licensor or its suppliers and/or licensors. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party. For purposes hereof, “License Key” shall mean a file or a unique sequence of digit and/or symbols provided to you by the Licensor confirming the purchase of the license from the Licensor, which may carry the information about the License, i.e. its type, the user name and the number of licenses purchased, and enabling the full functionality of the Product in accordance with the License granted under this Agreement. You agree to implement reasonable security measures to protect such confidential information, provided however, that you may make and distribute unlimited copies of the trial or payment-free version of Product, in Object Code only, as standalone Product or bundled with your own materials or materials of third party, including copies for commercial distribution, as long as each copy of the Product that you make and distribute contains the same copyright and other proprietary notices pertaining to the Product that appear in the Product, and further provided, that in connection with the distribution of the trial or payment-free version of the Product you (i) re-distribute the Product in its entirety in the same form as received without breaking into parts and without extracting any portion thereof, (ii) do not charge any fees without Licensor's prior written consent, and (iii) each copy of the Product that you make and distribute contains this Agreement and is subject to end user's acceptance of this Agreement before the first use or your end user license agreement contains the following statement:
Helicon Tech Corporation Software and License. Portions of the products provided hereunder include Helicon Tech Corporation's Software titled “Helicon Ape” and related copyrighted material. The operation and use of such Helicon Tech Corporation's software is governed by the end user license agreement of Helicon Tech Corporation's appearing prior to the installation of such software and a copy of such end user license agreement is located at http://www.helicontech.com/ape/doc/license.htm.
If you download the Software from the Internet or similar on-line source, you must include the copyright notices resident on the Software with any on-line distribution and on any media you distribute that includes the Software.
2. Grant of License.
2.1. License. The Licensor grants you the non-exclusive and non-transferable license to store, load, install, execute, and display (to “Use”) the specified version of the Software on a specified number of computers, workstations or servers, provided that, such Use is deemed to be processed with a single server for which the Software was designed (each a “Client Device”) pursuant to the terms and conditions of this Agreement (“License”) and you hereby agree and accept such License as follows:
a). Trial Version. If you have received, downloaded and/or installed a trial version of the Product and are hereby granted an evaluation license for the Software and you may Use the Product only for evaluation purposes and only during the single applicable evaluation period of forty five (45) days (the “Trial Period”), unless otherwise indicated, from the date of the initial installation. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited, provided however that, subject to the restrictions contained herein, you may copy and distribute a Trial Version of the Product as provided in Section 1.3 hereof. The Licensor shall not be required to provide any support and Updates, for the Trial Version of the Product. During the Trial Period, the Licensor provides no warranty and assumes and bears no liability whatsoever for the Trial Version of the Product.
b). Website License. If the Product is licensed under Website License with the Software provided in Object Code only upon the terms specified in the applicable invoicing or packaging for the Product, you may, at no cost to you (i.e. free of charge) under Website License, Operate one (1) copy of the specified version of the Product on one (1) Client Device and implemented with up to three (3) number of Websites (as such term defined below), provided that, you must purchase and make payment to Licensor according to applicable invoicing or packaging for the implementation of the Product with (i) any additional Websites (more that initial three (3) Websites) and/or (ii) single shared hosting account, further provided that, “Website” shall have a meaning according to Microsoft Internet Information Server (IIS). For avoidance of doubt, several Internet domains can be associated with a single Website, provided that, such domains shall all direct to the same Website or IIS directory of the Website.
c). Server License. If the Product is licensed under Server License with the Software provided in Object Code only upon the terms specified in the applicable invoicing or packaging for the Product you may, under Server License, Operate one copy of the specified version of the Product on one Client Device and implemented on any number of Websites.
d). Notwithstanding anything contrary herein, you hereby agree and acknowledge that if you cease to Operate the Product on the original Client Device you may transfer, install and Operate the same copy of the Product on another Client Device, provided that (i) the copy of the Product is not installed and/or Operated on any other Client Device; (ii) the Product is not transferred to another Client Device unless all copies of the Product on a Client Device are also transferred to such other Client Device; and (iii) you comply with the terms and conditions of this End User License Agreement.
e). Grant of Multiple Licenses. If you have purchased multiple licenses for the Product, as reflected the License Key granted to you by the Licensor, then the number of multiple licenses and the licensing terms reflected in the License Key shall determine the number of copies of the Product you may have, the permitted Uses, the number of Client Devices and the number of the Web sites on which you may Use and Operate the Product provided that unless the type of the License and explicit licensing terms and the License Key provides otherwise, each purchased license entitles you to install and Use the Product on one (1) Client Device and implemented solely with one (1) Web site. The Licensor reserves all rights not expressly granted herein.
2.2. Third Party Software. In order to Operate the Product you may require additional third-party software which is not licensed hereunder and not under Licensor's control. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to such third-party software or to entitle you to use such software.
2.3. Multiple Environment Product; Multiple Language Product; Dual Media Product; Multiple Copies; Bundles. If you use different versions of the Product or different language editions of the Product, if you receive the Product on multiple media, if you otherwise receive multiple copies of the Product, or if you received the Product bundled with other software, the total permitted number of your Client Devices on which all versions of the Product are installed shall correspond to the number of licenses you have obtained from the Licensor provided that unless the licensing terms and the License Key provides otherwise, each purchased license entitles you to install and Use the Product on one (1) Client Device.
2.4. Updates. During the Term of this Agreement, you may download Updates to the Product when and as the Licensor publishes them in its website or through other services. Notwithstanding any provision to the contrary herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to the New Releases of the Product or to entitle you to any New Release. This Agreement does not obligate the Licensor to provide any Updates. Notwithstanding the foregoing, any Updates that you may receive become part of the Product and the terms of this Agreement apply to them (unless this Agreement is superceded by a further Agreement accompanying such Update or modified version of to the Product).
3. Term and Termination.
3.1. The term of this Agreement (“Term”) shall begin when you download or install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, in perpetuity or for the term specified in the License granted hereunder. The Licensor may terminate this Agreement by offering you a superseding Agreement for the Product or any replacement or modified version of or upgrade or New Release of the Product and conditioning your continued use of the Product or such replacement, modified or upgraded version or New Release on your acceptance of such superseding Agreement. This Agreement may be also terminated by the Licensor immediately and without notice if you fail to comply with any of your obligation or conditions of this Agreement. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately cease use of the Product and destroy all copies of the Product.
3.2. No Rights Upon Termination. Upon termination of this Agreement you will no longer be authorized to Operate or use the Product in any way
3.3. Material Terms and Conditions. You specifically agree that each of the terms and conditions of this Section 2 are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement. The presence of this Section 3.3 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party hereto.
Full version of license agreement can be fount here: http://www.helicontech.com/ape/doc/license.htm