End user agreement for Magic Sharpener
IMAGE SKILL LICENSE AGREEMENT
LICENSE AND CONFIDENTIALITY: IMAGE SKILL grants you the right to install the enclosed software and related documentation (collectively, the "Materials") onto a single computer for your personal use. You may not use, copy, modify, sell, transfer or disclose any part of the Materials except as provided in this Agreement.
RESTRICTIONS: You may not:
1. Sublicense the Materials;
2. Reverse engineer, decompile, or disassemble the enclosed software;
3. Make copies of the Materials other than for back-up purposes, and you may not use the back-up copies other than as a replacement for the original copy. You must include on the back-up copies all copyright and other notices included on the Materials.
Demo Software: IMAGE SKILL hereby grants to you the right to use the demo software and to distribute it freely. Any licences purchased or otherwise granted in writing by IMAGE SKILL are non-transferrable and are for use on a single computer. Using (or allowing use of) a licence on another computer, either expressly or by accident, constitutes a violation of this agreement.
You agree to indemnify IMAGE SKILL against any loss, liability or expense (including reasonable legal fees) arising out of or in connection with the use, marketing, licensing or sale of the demo software or the maintenance, support or other services or activities related thereto.
TERMINATION: Upon any violation of any of the provisions of this Agreement, your right to use the Materials shall automatically terminate and you shall be obligated to return to IMAGE SKILL or destroy all of your copies of the Materials.
OWNERSHIP AND COPYRIGHT OF MATERIALS: Except for the license expressly granted hereunder, IMAGE SKILL retains all rights, title and interests in and to the Materials and all copies thereof. The Materials are copyrighted and are protected by American copyright laws and international treaty provisions. You acknowledge that the Materials are valuable trade secrets of IMAGE SKILL. You may not remove the copyright and other proprietary rights notices from the Materials. You agree that this Agreement shall be retained with all printed and electronic copies the software and documentation constituting the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, IMAGE SKILL does not grant any express or implied right to you under IMAGE SKILL patents, copyrights, trademarks, or trade secret information.
NO WARRANTY; NO LIABILITY FOR DAMAGES: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL IMAGE SKILL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF IMAGE SKILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, no warranty is made that the enclosed software will generate computer programs with the characteristics or specifications desired by you or that the demo software will be error-free. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. Because some jurisdictions prohibit the exclusion or limitation of liability for damages, the above limitation may not apply to you and you may have other legal rights that vary by jurisdiction.
OTHER AGREEMENT: If you have executed another license agreement with IMAGE SKILL with respect to the Materials, then notwithstanding any other term in this agreement the terms of that license agreement shall control your use of the Materials.
MISCELLANEOUS. Subject to the immediately preceding paragraph, this Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by American law.
Copyright 2006-2009 by IMAGE SKILL. All rights reserved.