End user agreement for Photo Manager 2010 Standard
Software Product: Photo Manager 2010 Standard
PROXIMA SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PROXIMA SOFTWARE FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND RELATED ELECTRONIC DOCUMENTATION. BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PRODUCT.
Proxima Software hereby grants to you a non-exclusive license (a "License") to use the software product identified above (the "Software") and the accompanying electronic documentation (the "Documentation") on the terms set forth below.
1. GRANT OF LICENSE. This License grants you the following rights.
HOME AND EDUCATIONAL USE: This License Agreement grants you the ability to legally install copies of Software on different computers free of charge.
COMMERCIAL USE: Except as set forth below, this License Agreement grants you the ability to legally install copies of Software on different computers equal to the number of licenses purchased. In the case you purchased 1 (one) license of the Software for personal use, you may also install a copy for your exclusive use on either a home or portable computer with condition to run Software on one computer at the same time.
- Storage/Network Use. You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software over an internal network; however, you must acquire and dedicate a license for each individual who will use the Software. A License for the Software may not be shared or used concurrently on different computers. If the Software is installed on a network server or other system that physically allows shared access to the Software, you agree to provide technical or procedural methods to prevent use of the Software by individuals not specifically licensed to use the Software pursuant to this Agreement.
- Transfer. You are allowed to copy Software and transfer a copy of Software to others, or distribute a copy of Software on marketing CD/DVD disks with condition that the original copy of Software was downloaded directly from Proxima Software Web site (http://www.proximasoftware.com), or was sent to you directly by Proxima Software. You must notify the recepient that this Software is free for home and educational use only, and for commercial use license is required.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- License Keys. You agree not to disclose and not to distribute License Key(s) provided to you by Proxima Software and needed to install Software on every licensed computer.
- Reverse Engineering. You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restrictions) or create derivative works based on the Software, or any portion thereof.
- Copying. You may not copy the Software or Documentation except as specifically provided by this Agreement.
- Separation of Components. The Software is licensed as a single product. You may not separate the Software's component parts for use on more than one computer.
- Rental. You may not rent or lease the Software or Documentation.
- Proprietary Notices. You may not remove any proprietary notices, labels or marks on the Software or Documentation.
- Use of Proxima Software's Name. You may not use Proxima Software's or Proxima Software's suppliers' name, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except as is necessary to affix the appropriate copyright notices as required herein.
Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in Proxima Software and/or its suppliers. The Software and the Documentation is protected by the copyright laws of Russia and the international copyright treaties.
This is not free software. You are hereby granted a non-exclusive, royalty-free license to reproduce and distribute the evaluation software provided and kept in its original form and that you (a) except as required herein, do not use Proxima Software's name, logo, or trademarks to market any software application product that incorporates the software; (b) include Proxima Software's copyright notice for the software (Portions copyright (c) Proxima Software. All rights reserved.) on the product CD, disk label and/or on the title page of the documentation for any software application product that incorporates the Redistributables; (c) agree to indemnify, hold harmless, and defend Proxima Software from and against any claims or lawsuits, including attorneys fees, that arise or result from the use or distribution of any software application product that incorporates the Redistributables; and (d) do not incorporate the Redistributables into any software product which would compete with the Software. Distribution of any Software code, other than the Redistributables, is specifically prohibited. You are hereby granted to use this software for evaluation purposes without charge for a evaluation period of software. If you use this software after the evaluation period a registration fee is required. To register complete the steps as described in the file Order.txt (if included with Software) or complete the steps of On-Line Registration on the Proxima Software Internet Home Page. When payment is received, you will be sent a registered copy of the latest version of the software.
The License is in effect until terminated. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only in writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement shall nonetheless remain in full force and effect.
7. LIMITED WARRANTY.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Proxima Software FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROXIMA SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF PROXIMA SOFTWARE'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF Proxima Software SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. THIRD PARTY NOTICES
This Software contains software of Proxima Software's suppliers which is used in accordance with the notices reproduced below, which notices You acknowledge and agree to together with this section of this License Agreement.
The Software is based in part on the work of the Independent JPEG Group.