End user agreement for I/O Ninja
In order to use I/O Ninja, you must read and agree to the following license agreement and privacy statement. Please indicate your agreement by pressing the I AGREE button.
END USER LICENSE AGREEMENT
TIBBO TECHNOLOGY, INC.
END USER LICENSE AGREEMENT
This License Agreement ("License Agreement") is a legal agreement between you (either an individual or an entity) and Tibbo Technology, Inc. ("Tibbo") for I/O Ninja software ("Software"). By clicking on the I AGREE button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, then do not install the Software.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. GRANT OF LICENSE: Tibbo hereby grants you a non-exclusive license to use the Software and any related documentation ("Documentation") subject to the following terms:
a. If you purchased a single-user license: You may install and use the software on another computer, but the software may not be in use on more than one computer at a time unless you purchase additional licenses. You may make back-up copies of the software for archival purposes. You may permanently transfer your license to use the software to another party who will be bound by this agreement, provided you do not retain any copies of the software.
b. If you purchased a Workgroup license: You may install and use the software on all computers within your organizational unit ("Workgroup"). Any number of copies may be used at the same time, as long as all users belong to the same organizational unit. An "organizational unit" may be any internal structure smaller than 30 employees within a single company. You may permanently transfer your license to use the software to another Workgroup who will be bound by this agreement, provided the original Workgroup does not retain any copies of the software.
2. LICENSE RESTRICTIONS: You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software or Documentation; (iii) resell, rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (iv) remove any proprietary notices or labels on or in the Software or Documentation.
3. The software is protected by the copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software code. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage or reverse engineering.
4. TITLE: Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Tibbo. The Software is protected by the international copyright treaties.
5. DISCLAIMER OF WARRANTY: The Software and Documentation are provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, Tibbo 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 software and documentation remains with you. To the maximum extent permitted by applicable law, in no event shall Tibbo be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the product, even if Tibbo has been advised of the possibility of such damages.
6. TERMINATION: This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from Tibbo to effectuate such termination. Upon termination, you must destroy all copies of the Software and Documentation.
Copyright (c) 2008-2009
Tibbo Technology, Inc.
9F-3, Lane 169, Kang-Ning St., Hsi-Chih, Taipei Hsien, Taiwan
All rights reserved.
TIBBO is a trademark of Tibbo Technology, Inc.
July 22, 2008
During the 30-day trial period, I/O Ninja does not contact Tibbo servers and does not send or receive not information from Tibbo servers or any other data collection agency on behalf of Tibbo.
Once the trial period expires, if I/O Ninja is still used in unregistered mode, it attempts to contact Tibbo servers and report usage statistics using a secure (encrypted) channel. Statistics include (but are not limited to) number of times software is used, a unique installation ID, I/O Ninja version number, and date of installation.
I/O Ninja then receives instructions from the Tibbo server, and displays certain banners and/or messages embedded within the log. Instructions received from server concern only banner/message display within I/O Ninja, or deactivation of I/O Ninja itself.
When registering I/O Ninja, it must be activated. This involves sending registration information to Tibbo servers over a secure (encrypted) channel and receiving confirmation that the registration is valid.
Once I/O Ninja is registered and activated, it no longer attempts to contact the server at any time and does not submit or receive any information to/from Tibbo or any agency thereof.