End user agreement for LifeJournal
END-USER LICENSE FOR LIFEJOURNAL
This is a legally binding end-user license agreement between you (the "Licensee")
and Chronicles Software Company (the "Company"). Please read this license
agreement carefully. By using LifeJournal (the "Software") and/or its
documentation, you are agreeing to be bound by the terms and conditions stated
herein. If you do not agree with the terms and conditions of this agreement, then
the Company is unwilling to license the Software to you, in which case you may
not install or use the Software.
1. GRANT OF LICENSE
The Company grants to you a non-exclusive, non-transferable license to install and
use the Software for your use on a single computer for your own personal use and
up to four other users. You may have only one copy of the Software in use at any
given time. For purposes of this agreement, the Software is in use when it is
loaded into, or stored in the memory of the computer. You may make one copy of
the Software for back-up or archival purposes to the extent permitted by U.S.
You may not use, copy, modify or transfer the Software, or any copy thereof, in
whole or in part, except as expressly provided in this agreement. You may not
translate, reverse-engineer, disassemble, or decompile the Software. Any attempt
to transfer any of the rights, duties or obligations hereunder is void. You may not
rent, lease, loan, resell, license, sublicense, or otherwise distribute the Software or
any portion thereof, or use it in a client-server network thereby providing multiple
users access to the Software. You may not distribute copies of the Software to
others or electronically transfer the Software from one computer to another over a
network. Unauthorized reproduction or distribution of the Software is subject to
civil and criminal penalties. The Software and its documentation are copyrighted
and all rights are reserved (including any images, photographs, and text
incorporated into the Software and documentation). The Company may terminate
this license if you fail to comply with the terms a
nd conditions of this agreement.
As Licensee, you may own the media upon which the Software is fixed, but the
Company retains title and ownership of the Software recorded on any media,
whether provided by the Company or downloaded onto other media, and all
subsequent copies of the Software regardless of the form or media in which or on
which the original and other copies may exist. This license is not a sale of the
Software or any copy; it is only the license which is purchased by you. The
Company reserves all rights not specifically granted in this agreement, including
Federal and International Copyrights.
If this copy of the Software is an upgrade from an earlier version of the Software, it
is provided to you on a license exchange basis. You agree by your installation
and use of this copy of the Software to voluntarily terminate your earlier end-user
license and that you will not continue to use the earlier version of the Software nor
transfer it to another.
5. LIMITED WARRANTIES
The Company warrants only that any media provided by the Company upon which
the Software is furnished will be free from defects in material or workmanship under
normal use and service for a period of 30 days from the date of delivery to you.
THE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE
OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY,
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
THE SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND
WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY
OR ANY OTHER WARRANTIES WHETHE
R EXPRESSED OR IMPLIED.
BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE
ENVIRONMENTS INTO WHICH THE SOFTWARE MAY BE PUT, NO
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE
USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY
LIABILITY OF THE COMPANY OR ANY SELLER WILL BE LIMITED
EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASER
PRICE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
7. LIMITITATIONS OF REMEDIES
The Company's entire liability and your sole and exclusive remedy for breach of
warranty shall be: (a) the replacement of any media provided by the Company
which does not meet the Company's limited warranty which is returned to the
Company; or (b) you may terminate this agreement by returning the Software and
your money will be refunded.
You acknowledge that you have read this agreement, understand it, and that by
running the Software you agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement
between the Company and you which supersedes any proposal or prior
agreement, oral or written. You assume full responsibility for the use of the
Software and agree to use the software legally and responsibly. This agreement
shall be governed by Florida law except as to copyright matters which are covered
by Federal law. This agreement is deemed entered into at Sarasota, Florida by
both parties. If any provision of this agreement is declared unenforceable in any
jurisdiction, then such provision shall be deemed to be severable from this
agreement and shall not affect the remainder hereof. All rights in the Software not
specifically granted in this agreement are reserved by the Company.