End user agreement for DoodleIt Media Software
This is a legal agreement between you (individual or entity) and Gary Mincy. By activating this software (hereinafter "the Software" or "Software"), you are agreeing to be bound by the terms of this agreement. You may terminate this license at any time by destroying all copies of the software or by returning them to Gary Mincy, but this does not entitle you to a refund. Gary Mincy may terminate this license if you fail to comply with the terms and conditions of this Agreement. Upon such termination, you agree to destroy and/or return all your copies of the software. You agree to be responsible for the payment of any taxes resulting from this Agreement. Any unauthorized rental, lease, assignment or transfer of any copy of the software shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect.
DoodleIt Media Software™ and DoodleIt™ names, software, manuals, documentation and other materials, and all copyright rights are owned by Gary Mincy. Any copyright or trademark notices, product identification marking or description, or notices of proprietary restrictions may not be removed.
Evaluation License: You may download and evaluate the Software for free for fifteen (15) days after activating the product without a license key ("Evaluation Period"). During the Evaluation Period, Gary Mincy grants you a limited, non-exclusive, non-transferable license to use the Software for evaluation purposes only and not for any commercial use. The evaluation copy of the Software contains a feature that will automatically disable the Software at the end of Evaluation Period. Gary Mincy will have no liability to you if this feature disables the Software.
Paid License: Upon your payment of the license fee, Gary Mincy provides you with a permanent license key which you can use to obtain a non-transferable paid license of the Software for development, subject to the Distribution Requirements described in the Distribution section below. The software is licensed on a per seat basis. The number of required per-seat licenses is determined by counting the number of machines using the Software for development purposes.
The Software is owned by Gary Mincy and is protected by copyright laws and international treaty provisions. All rights, title, interest, and all copyright to the Software, documentation, and any copy made by you remain the property of Gary Mincy. Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in immediate and automatic termination of this license and will make legal remedies available to Gary Mincy.
Your only form of compensation under this License Agreement shall be repair or replacement as provided in the warranty. Gary Mincy's maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your purchase shall never exceed the actual amount received from you by Gary Mincy for the product. Gary Mincy is not liable for any direct, incidental, collateral, exemplary, consequential or special damages or losses that may result from the use or installation of Gary Mincy's products.
You are responsible for compliance with all copyright laws and regulations.
You are responsible for compliance with all laws and regulations governing export outside the United States of any product containing the software, such as obtaining and renewing licenses or permits and financial reporting obligations.
The headings used are for convenience only.
This agreement shall be governed by the laws of the State of Missouri.
THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Gary Mincy does NOT warrant that the function contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free.