End user agreement for SoftTidier
Shareware License Agreement
NOTICE: By installing, operating, copying, distributing, or otherwise using SoftTidier, you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL SoftTidier.
License. Conditioned on your honoring the terms of this Agreement, LifeSniffer, LLC ("LS") grants you a non-exclusive, non-transferable license (the "License") to install and use the current version of LS's software product SoftTidier, including the accompanying user documentation and any later versions within the same major release series (collectively, "SoftTidier"), for your personal, lawful, non-infringing use on up to three (3) personal computers or workstations in accordance with this Agreement. A separate License for each personal computer and workstation after the third or for which you do not personally use must be purchased.
Trial Period. The License extends for a single Trial Period of 10 days following your first installation of SoftTidier to permit you to evaluate SoftTidier. The License will terminate automatically at the end of the Trial Period unless you register your copy of SoftTidier first. You may not use SoftTidier for more than one Trial Period.
Long Term License. If you register your copy of SoftTidier with LS and pay the License Fee, the License will remain in effect perpetually unless terminated as provided below.
You may provide copies of SoftTidier to others for their trial use so long as you: provide exact, unmodified copies of SoftTidier in the form of the self-installing .exe file or the ZIP file received from LS, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices;
do not charge or collect any monetary or other compensation for or in connection with SoftTidier, apart from a modest reproduction or handling fee; and
reference LS as the sole source of SoftTidier and reference the official SoftTidier website www.lifesniffer.com.
Back-Up Copies. You may make up to two exact, unmodified copies of SoftTidier solely for your own back-up or archival use.
Prohibited Acts. You may not:
sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer SoftTidier or any copy or portion thereof, except for Trial Distribution as permitted above;
use SoftTidier to provide service bureau or time-sharing services to any other party;
make any copies of SoftTidier except as permitted herein;
modify, enhance, or prepare derivative works based on SoftTidier;
decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of SoftTidier;
use or incorporate SoftTidier or any portion thereof in any other product without the prior written permission of LS; or
remove, alter, or obscure the copyright, trademark, proprietary, or other notices from SoftTidier or any of its screen displays.
Proprietary Rights. Title to, ownership of, and all copyrights and other intellectual property rights in SoftTidier and all copies thereof shall remain solely in CM Computer Enterprises, Inc (CMCEI) with LS designated as owning exclusive rights to selling SoftTidier. SoftTidier is protected by U.S. copyright and other intellectual property laws and by international treaties. LS reserves to itself all rights not expressly granted in this Agreement. No Warranty. SoftTidier and all related support and advice are provided "AS IS" and without warranty of any kind. LS disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Third Party Information. SoftTidier searches, and provides information from, various third party sources which are not practicable for LS to verify. LS makes no warranty, and shall have no liability, with respect to the accuracy, completeness, currency, usefulness, legality, non-infringement, or any other aspect of any third party information, images, files, programs, or other items obtained by means of SoftTidier.
Other Disclaimers. LS does not warrant that SoftTidier will meet your specific needs or requirements, nor that SoftTidier will retrieve all the information you would like it to retrieve or believe it should retrieve, nor that the operation of SoftTidier will in all instances be uninterrupted or error-free. Because software is inherently complex and may not be completely free of errors, and because third party information has not been verified by LS, you must verify all results before relying on them.
Exclusion of Damages. LS shall not be liable for any direct, indirect, consequential, special, incidental, or other damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs, system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance, quality, results, use of, or inability to use SoftTidier or any support, advice, products, or services which are or should have been provided to you, even if LS has been advised of the possibility of such damages.
Technical Protection. SoftTidier may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License. LS shall not be liable for any damages incurred as a result of such technical protections or the failure of SoftTidier to operate outside the scope of the License.
No Third Party Claims. LS shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.
Time to File Action. No action arising under or relating to this Agreement, to SoftTidier, or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues.
Applicability. Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you.
Termination for Breach. LS may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of LS's rights in SoftTidier.
Termination without Breach. LS may terminate the License upon ten days written notice if LS believes that your use of SoftTidier may infringe any third party rights. If such termination occurs within 24 months of your first installation of SoftTidier, LS will provide you a modified, non-infringing version of SoftTidier and reinstate the License.
Duties on Termination. Immediately upon termination of the License, you must stop using SoftTidier and destroy all copies of SoftTidier within your possession, custody, or control.
No Assignment. You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void
Enforcement Costs. You agree to reimburse LS for all costs, including reasonable attorney's fees, incurred to enforce any of LS's rights under this Agreement or in SoftTidier or to defend any claims you assert unsuccessfully against LS.
Severability. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement.
Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States of America. All disputes arising under this Agreement or in connection with SoftTidier shall be resolved in the state or federal courts serving Fairfax County, Virginia, except that actions for infringement of intellectual property rights may be brought in any court of competent jurisdiction.
Entire Agreement. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of SoftTidier and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and LS. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and LS.
Additional Information. If you have questions or desire additional information about SoftTidier, LS, or LS's software use or privacy policies, please contact email@example.com.