End user agreement for Ewisoft Template Builder
License Agreement for Ewisoft Template Builder Program
Part 1 - General Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. EWISOFT WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO EWISOFT.
The Program is owned by Ewisoft Corporation, and is copyrighted and licensed, not sold.
The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.
Use of the Program
EWISOFT grants you a nonexclusive, nontransferable license to use the Program.
You may 1) install, view and run one instance of this program for both private and commercial uses solely for the purpose of developing files for use with Ewisoft Website Builder. You may not use this program to create files that are not compatible with the Ewisoft file format.
You will 1) maintain a record of all copies of the Program and 2) ensure that anyone who uses the Program does so only for your authorized use and in compliance with the terms of this Agreement.
You may not 1) use, copy, modify or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
You may not deactivate, change, remove any hyper links or links to Ewisoft and
the Ewisoft logos, texts, or images. All must remain visible when the pages
are viewed unless you first obtain explicit written permission from Ewisoft.
This license begins with your first use of the Program and ends 1) as of the duration or date specified in the documentation accompanying the Program or 2) when the Program automatically disables itself. Unless EWISOFT specifies in the documentation accompanying the Program that you may retain the Program (in which case, an additional charge may apply), you will destroy the Program and all copies made of it within ten days of when this license ends.
2. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, EWISOFT MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. EWISOFT MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
This exclusion also applies to any of EWISOFT's subcontractors, suppliers or program developers (collectively called "Suppliers").
Manufacturers, suppliers, or publishers of non-EWISOFT Programs may provide their own warranties.
3. Limitation of Liability
NEITHER EWISOFT NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF EWISOFT IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
EWISOFT may terminate your license if you fail to comply with the terms of this Agreement. If EWISOFT does so, you must immediately destroy the Program and all copies you made of it.
You may not export the Program.
Neither you nor EWISOFT will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
Neither you nor EWISOFT is responsible for failure to fulfill any obligations due to causes beyond its control.
EWISOFT does not provide program services or technical support, unless EWISOFT specifies otherwise.