End user agreement for Find and Replace It For Windows
FIND & REPLACE IT! SOFTWARE END USER LICENSE AGREEMENT V1.5.3
Important: This software end user license agreement (the Agreement) is a legal agreement between you (either an individual end-user or an entity) and dProg - Philippe Docourt. Read it carefully before completing the installation process and using the software program Find & Replace It!. It provides a license to use Find & Replace It! and contains warranty information and liability disclaimers. By selecting the install button and/or using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, then you must stop using Find & Replace It! and destroy any copies of Find & Replace It! in your possession or control.
1. Grant of Agreement. Subject to the terms and conditions of this Agreement, dProg - Philippe Docourt and its suppliers grant to you a nonexclusive, nontransferable, perpetual license to use one copy of the software program and any documentation accompanying this Agreement with the dProg - Philippe Docourt product you have purchased. The software can be installed on only one computer at any one time. No other rights are granted. For backup purposes only, you may make one copy of Find & Replace It!. You must include on the backup copy all copyright and other notices shipped with Find & Replace It! as supplied by dProg - Philippe Docourt. Installation on a network server for the sole purpose of your internal distribution of Find & Replace It! is permitted only if you have purchased an individual Software license for each networked computer to which Find & Replace It! is distributed.
2. Restrictions. Find & Replace It! contains copyrighted material, trade secrets, and other proprietary materials of dProg - Philippe Docourt and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer Find & Replace It! except for a private usage; (ii) modify or create derivative works of Find & Replace It! except for a private usage; (iii) use Find & Replace It! in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit Find & Replace It! or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (v) sell, distribute, rent, lease, sublicense or otherwise transfer Find & Replace It! to a third party.
3. Third Party Licenses. Find & Replace It! is dynamically linked with Qt, the open source libraries from Digia Plc. Qt is available under the GNU Lesser General Public License version 2.1 plus some exceptions (see http://qt-project.org/doc/qt-4.8/lgpl.html). The Qt binaries and source code are available for download at http://qt-project.org/downloads. You are free to use your own versions of the Qt dynamic libraries instead of the ones shipped with the application. You are permitted to modify this software for your own use only. Reverse engineering for debugging such modifications is allowed.
Most of the icons used in this software are free icons, distributed under the GNU Lesser General Public License v2.1 (see http://www.gnu.org/licenses/lgpl-2.1.txt) or in the public domain.
4. Ownership. Find & Replace It! is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and dProg - Philippe Docourt reserves all rights not expressly granted to you in this Agreement. dProg - Philippe Docourt and its licensors retain title to Find & Replace It!, and all intellectual property rights therein.
5. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use Find & Replace It! shall automatically terminate and Find & Replace It! must be returned to dProg - Philippe Docourt and all copies of the Software destroyed. You may also terminate this Agreement at any time by destroying all copies of Find & Replace It! in your possession or control.
6. Limited Product Warranty. dProg - Philippe Docourt warrants to you that Find & Replace It! will substantially conform to its published documentation and the media containing Find & Replace It! shall be free from defects in material, each for a period of thirty (30) days from the date of purchase. However, dProg - Philippe Docourt does not warrant that the use of Find & Replace It! or its operation is uninterrupted or that the operation of Find & Replace It! is without error. dProg - Philippe Docourt's limited warranty is nontransferable and is limited to the original purchaser.
7. Remedies. dProg - Philippe Docourt's entire liability and your exclusive remedy for any breach of warranty shall be, at dProg - Philippe Docourt's option, to: (a) repair or replace Find & Replace It! or media, provided that Find & Replace It! or media is returned to the point of purchase or such other place as dProg - Philippe Docourt may direct, with a copy of the sales receipt, or (b) refund the price paid. Any replacement Software or media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These remedies are void if failure of Find & Replace It! or media has resulted from accident, abuse, or misapplication.
8. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. DPROG - PHILIPPE DOCOURT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO DPROG - PHILIPPE DOCOURT DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL DPROG - PHILIPPE DOCOURT OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY DPROG PRODUCT OR SERVICE, EVEN IF dProg - Philippe Docourt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL dProg - Philippe Docourt'S AND ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE dProg - Philippe Docourt PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
10. General Terms and Conditions. This Agreement shall be governed by the internal laws of Switzerland, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Porrentruy, Switzerland or the federal court in Lausanne, Switzerland to resolve any disputes arising under this Agreement. This Agreement is the entire Agreement between you and dProg - Philippe Docourt relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
All questions concerning this Agreement shall be directed to: dProg - Philippe Docourt, Rue du Cras 13, 2822 Courroux, Switzerland.