End user agreement for InAlbum Deluxe Edition
Inalbum 2.0 Deluxe (Evaluation) for Windows® 98/NT4.0/2000/ME/XP
Copyright © 2005 INCREDITOOLS, Inc.
INALBUM Deluxe (EVALUATION)
LICENSE AGREEMENT AND WARRANTY DISCLAIMER
INALBUM® 2.0 Deluxe (EVALUATION) IS TRIALWARE.
REDISTRIBUTION IS PERMITTED.
IMPORTANT -- READ CAREFULLY: By clicking on the "I hereby agree to compy with these conditions" button or by installing, downloading, copying or otherwise using inAlbum® 2.0 Evaluation, ("Software"), and all ccompanying documentation ("Documentation") you, the user, agree to be and are hereby bound by the terms and conditions of this License Agreement ("Agreement"). If you do not agree to the terms and conditions stated in this Agreement, you must promptly stop using the Software and all accompanying Documentation.
1. GRANT OF LICENSE FOR 15 DAYS
INCREDITOOLS, Inc. hereby grants you, the user, a non-exclusive license to use the Software and Documentation for evaluation purposes without charge for a period of fifteen (15) days. Any use of this Software and Documentation beyond the fifteen (15)-day evaluation period requires that you, the user, register with Increditools Systems, Inc. by way of a purchase order which will correspondingly entitle the Software and Documentation to be upgraded to the full license copy of Inalbum® 2.0 Deluxe.
Use of this Software and Documentation is permitted only to the extent reasonably required in the fifteen (15) days to determine whether to register and upgrade the Software and Documentation to the full license copy of inAlbum® 2.0 Deluxe. Unregistered use of this Software and Documentation after the thirty (15)-day evaluation period is in violation of U.S. and international copyright laws.
You are hereby granted permission to duplicate and distribute the Software and Documentation freely; give exact copies of the Software and Documentation to anyone; and distribute the Software and Documentation in its unmodified form via any electronic means.
You are expressly prohibited from charging, or requesting donations, for any such copies, however made; from distributing the Software and/or Documentation with other products or as a part of any package or publication or in support of any service, commercial or otherwise, without prior written permission and agreement from INCREDITOOLS, Inc. The Software and Documentation must not be distributed to support any profit-generating activity, even if the Software and Documentation are being distributed freely.
The Software and Documentation must be distributed together as a whole without any modifications. No files or contents may be added to or removed from the Software and Documentation in the course of distribution. No individual parts or components of the Software and/or Documentation may be distributed. You may not remove or modify the copyright and proprietary notices or labels from the Software or Documentation.
You may not disassemble, modify, reverse-engineer, adapt, decompile, translate or create derivative works based upon the Software or the Documentation or any part thereof in any way whatsoever without the written consent of INCREDITOOLS, Inc.
Except as expressly permitted in this Agreement, you may not separate any parts of the Software or Documentation for use on more than one computer.
You may not lease, rent, assign, sell, resell or otherwise transfer any of the fifteen (15)-day licensing rights in the Software or Documentation to any other person or parties whomsoever.
You may not use the Software or Documentation for any use prohibited by law.
All title, ownership rights, and intellectual property rights in and to the Software and Documentation are owned by INCREDITOOLS, Inc. or its licensors. The Software and Documentation are protected by the copyright laws of the United States and international copyright treaties. All title, ownership rights and intellectual property rights in and to the content accessed through the Software including any sample content contained in the Software is the property of the applicable content owner and may be protected by applicable copyright or other laws. THIS LICENSE DOES NOT GIVE YOU, THE USER, ANY RIGHTS TO SUCH CONTENT AND INCREDITOOLS, Inc. SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF ANY SUCH CONTENT.
5. DISCLAIMER OF WARRANTY
THE SOFTWARE AND DOCUMENTATION ARE DeluxeVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCREDITOOLS, Inc. FURTHER DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION LIES WITH YOU, THE USER. IN NO EVENT SHALL INCREDITOOLS, Inc. OR ITS LICENSORS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS DeluxeFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF INCREDITOOLS, Inc. OR ITS LICENSORS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INCREDITOOLS, Inc. DOES NOT WARRANT THAT YOUR REQUIREMENTS WILL BE MET WITH THE SOFTWARE FUNCTIONS OR THAT THE DOCUMENTATION AND SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. INCREDITOOLS, Inc. SHALL ALWAYS RESERVE ITS RIGHTS AND DISCRETION TO CORRECT ANY DEFECTS IT SEES FIT AND TO MAKE AVAILABLE FURTHER RELEASES AND UPGRADES AS AND WHEN IT DEEMS NECESSARY.
This Agreement constitutes the complete agreement between you and INCREDITOOLS, Inc. with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, understandings, communications or other dealings between you and INCREDITOOLS, Inc. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement.
7. MODIFICATION OF AGREEMENT
This Agreement may not be modified except in writing duly signed by an authorized person or persons of INCREDITOOLS, Inc. and you.
Without prejudice to any other rights, INCREDITOOLS, Inc. reserves the right to terminate this Agreement if you, the user, fails to comply with the terms and conditions of this Agreement. In such event, you must promptly stop using the Software and all accompanying Documentation.