End user agreement for AllKeys Macro
ALLKEYS VERSION 2.x SOFTWARE LICENSE AGREEMENT -------------------------------------------------------------
SEVENTHDIGIT CORPORATION ("SEVENTHDIGIT") IS WILLING TO LICENSE ITS ALLKEYS VERSION 2.x SOFTWARE INCLUDING ACCOMPANYING MACROEDITOR (THE "SOFTWARE") AND THE ACCOMPANYING DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS IN THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT THE AGREEMENT" BUTTON BELOW YOU ACKNOW- LEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, SEVENTHDIGIT IS UNWILLING TO AND DOES NOT LICENSE THE SOFTWARE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST CLICK ON THE "NO" BUTTON AND DISCONTINUE THE INSTALLATION PROCESS. ANY USE OF THE SOFTWARE BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
1. LICENSE. Subject to the terms and conditions of this License Agreement, SEVENTHDIGIT hereby grants you a nonexclusive license to install and use the Software in machine-readable form for testing and evaluation purposes, or purchased license copy on a single personal computer, provided that if you are an individual, on one or more personal computers in your household or home office owned or controlled by you for use by yourself. You may copy the Software only for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software.
2. RESTRICTIONS. SEVENTHDIGIT retains all right, title, and interest in and to the Software, and any rights not expressly granted to you herein are reserved by SEVENTHDIGIT. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent (if at all) expressly permitted under any applicable law. If applicable law expressly permits such activities, any information so discovered or derived shall be deemed to be the confidential proprietary information of SEVENTHDIGIT and must be promptly disclosed by you to SEVENTHDIGIT. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease or loan the Software. You may not reproduce (except as expressly permitted under Section 1), distribute, publicly perform, publicly display, modify or create derivative works of or based on the Software.
3. TECHNICAL SUPPORT. Limited technical support (email response) may be available for a limited period of time if you use the Software in “Paid Mode”. Information regarding availability, nature and conditions of limited technical support may be found at www.seventhdigit.com.
4. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE (AND TECHNICAL SUPPORT, IF ANY) IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, SEVENTHDIGIT AND ANY APPLICABLE LICENSORS (FOR THE PURPOSES OF SECTIONS 4, 5 AND 6, SEVENTHDIGIT AND SEVENTHDIGIT'S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS SEVENTHDIGIT) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SEVENTHDIGIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SEVENTHDIGIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEVENTHDIGIT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SEVENTHDIGIT, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SEVENTHDIGIT OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN NO EVENT SHALL SEVENTHDIGIT'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
6. INDEMNITY. You agree to defend and indemnify SEVENTHDIGIT against all any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which SEVENTHDIGIT may incur as a result of or in connection with your breach of this Agreement.
7. TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software and all related information. This Agreement terminates immediately and automatically, with or without notice, if you fail to comply with any provision hereof. Additionally, SEVENTHDIGIT may at any time terminate this Agreement, without cause, upon notice to you. Upon termination you must delete or destroy all copies of the Software in your possession. Sections 2, 4 through 6 and 9 survive termination.k
8. CONTRACTING PARTIES. If the Software is installed on any computer owned by a corporation or other legal entity, then this Agreement is formed by and between SEVENTHDIGIT and such entity. The individual executing this Agreement represents and warrants to SEVENTHDIGIT that they have the authority to bind such entity to the terms and conditions of this Agreement.
9. GENERAL. This Agreement is governed and interpreted in accordance with the laws of the State of Florida without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in Broward County, Florida and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between SEVENTHDIGIT and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between SEVENTHDIGIT and you with respect to the Software.
COPYRIGHT (C) 2010 BY SEVENTHDIGIT CORPORATION. ALL RIGHTS RESERVED.
BY CLICKING ON THE "I ACCEPT THE AGREEMENT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.