End user agreement for VIDEOREG
This is a legal Evaluation Agreement between you, as licensee, and Victor
Sarbash, the AUTHOR. Upon receipt of your application indicating that
you have read, understood, and agree to be bound by the terms of this
Evaluation Agreement and upon acceptance of such application by AUTHOR,
AUTHOR shall license to you the VIDEOREG - Video Registrar
(the "Software Program").BY DOWNLOADING AND RUNNING THE SOFTWARE PROGRAM
YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN
THIS EVALUATION AGREEMENT. YOU ASSUME ALL RISK WITH RESPECT TO THE
SOFTWARE PROGRAM AND ACKNOWLEDGE THAT THE SOFTWARE PROGRAM IS NOT MARKETED
FOR GENERAL USE, MAY HAVE DEFECTS OR DEFICIENCIES, AND THAT CERTAIN
FEATURES AND FUNCTIONS IN SUCH SOFTWARE PROGRAM MAY NOT BE IN SUBSEQUENT
1. GRANT OF LICENSE.
AUTHOR grants to you a non-exclusive, non-transferable license to use the
Software Program for the term of this Evaluation Agreement.
You may use the Software Program on any single computer and copy the
Software Program for archival purposes only, provided the copy contains
all of AUTHOR's proprietary notices. You may not permit other individuals
to use the Software Program except pursuant to the terms and conditions
herein, reverse assemble, decompile, modify or create derivative works
based on the Software Program, copy the Software Program except as
provided above, rent, lease, assign or otherwise transfer any rights with
respect to the Software Program or remove any proprietary notices on such
Software Program. You agree that pursuant to this Agreement, AUTHOR may
request certain information with respect to the Software Program and the
performance of such Software Program.
AUTHOR, AT ITS SOLE OPTION, MAY RELEASE, CANCEL, AND/OR MODIFY SUCH
2. TERM AND TERMINATION.
This License Agreement shall commence on the date you install the Software
Program and continue until the termination of this License Agreement by
AUTHOR for breach by you of any of the terms and conditions herein.
If you elect to obtain a license for the Software Program, such Software
Program shall be provided to you at AUTHOR's then current terms, conditions
and license fees. By registering the program it is understood that you have
evaluated the software thoroughly and have found it satisfactory for your
Each Software Program and the information it contains, any updates and all
copies are AUTHOR's or AUTHOR's licensors' property and title to such
Software Program remains in AUTHOR or such licensors. All applicable
rights in patents, copyrights and trade secrets in the Software Program
are and shall remain in AUTHOR or AUTHOR's licensors.
4. DISCLAIMER OF WARRANTY.
Since the Software Program is provided free of charge, such Software
Program is provided on an AS-IS basis, without warranty of any kind,
express or implied, including without limitation the warranties of
merchantability, fitness for a particular purpose and/or non-infringement.
Any and all risk as to the quality and/or performance of the Software
Program shall be borne by you and you assume all costs with respect to any
service or repair.
Licensor provides reasonable requested service or repair at Licensors then
prevailing prices, terms, and conditions. Any security mechanisms effected
and/or implemented by the Software Program has inherent limitations and you
agree that you shall determine if the Software Program sufficiently meets
5. LIMITATION OF LIABILITY.
IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY DAMAGES IN
EXCESS OF AUTHOR'S THEN CURRENT LIST PRICE FOR A LICENSE FOR SUCH SOFTWARE
PROGRAM, EVEN IF AUTHOR 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 PERSONAL INJURY OR DEATH TO THE EXTENT
PROVIDED BY APPLICABLE LAW.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN DAMAGES SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
This License Agreement represents the entire and exclusive agreement
between the parties and supersedes any and all prior agreements and
communications with respect to the subject matter. The terms of this
License Agreement shall apply notwithstanding any proposed variations or
additions contained in any purchase order or other communication submitted