End user agreement for One2 Automatic Printscreen Capture Email
END USER LICENSE AGREEMENT
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE AND NOT OPERATE AFTER 30 DAYS OF FIRST USE UNLESS A LICENSE IS PURCHASED.
1. Grant of License for Users
Gemdev, grants you a non-exclusive, non-transferable license to use the program ("Sporbits") with which this license is distributed, including any documentation files accompanying the Software.
You have no ownership rights in the Software. Rather, you have a license to use the Software on one computer Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Gemdev.
The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Gemdev. You may not remove any proprietary notice of Gemdev from any copy of the Software or Documentation.
You may not publish, display, disclose, rent, lease, modify, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
5. Disclaimer of Warranty.
You acknowledge that the software and the documentation are being supplied to you on an "as is" basis. Licensor hereby expressly disclaims all warranties regarding the software and the documentation, whether express or implied, oral or written, including warranties of merchantability, fitness for any particular purpose, title or non-infringement, as well as all warranties arising by usage of trade and course of dealing. Licensor does not warrant that (a) the software will meet your requirements, (b) operation of the software will be uninterrupted or error free, or (c) defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
6. Limitation of Liability
In no event will Gemdev be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the program, or for any claim by any other party, even if Gemdev has been advised of the possibility of such damages. Gemdev's aggregate liability with respect to its obligations under this agreement or otherwise with respect to the software and documentation or otherwise shall not exceed the amount of the license fee paid by you for the software and documentation. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by uninstalling the Software. Gemdev may terminate this License Agreement for any reason, including, but not limited to, if Gemdev finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to uninstall the software and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the United States of America without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in the state of Texas, United States of America. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.