» version 1.48 - posted on 2003-09-15
EULA - End User License Agreement
Shareware License Agreement
THIS AGREEMENT (the "Agreement") is hereby entered into between Frank Hagenson, with offices at 23 Main Street, Gortin, County Tyrone, Northern Ireland, BT79 8PQ (the "Licensor") and the party executing this Agreement ("You") on the following terms and conditions:
THE SOFTWARE. This is a license agreement between You and Licensor with respect to Abracadabra Solutions, the accompanying Documentation and any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to You (the "Software").
THE SOFTWARE IS SHAREWARE. Since the Software is shareware, it is not freeware and is not in the public domain. The Software You are installing is an "evaluation version", and the Software functionality is limited as described in the Software documentation. As such, you may evaluate the program for a maximum period of 30 days. If, after that time, you decide to continue using it, You must register the Software by paying a registration in a manner specified by the Software documentation.
If, after 30 days, You choose not to register the software, You must uninstall the software from any machines to which it was installed on a trial basis.
DEFINITION OF "REGISTERED". Once registered, the software may be installed onto a single workstation that is used non-simultaneously by multiple people. If the software is installed onto multiple workstations, a separate license must be obtained for each workstation.
Once You have registered the Software, You will be issued with a license key, which will enable full functionality of the Software. You must enter the license key into the Software as described in the Software documentation.
By registering the Software, You agree that You have evaluated the Software and found it fit for the purpose You intend to use the Software for.
NO WARRANTIES. The Licensor expressly disclaims any warranty for the software product. The software product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, or fitness for a particular purpose. The entire risk arising out of use or performance of the software product remains with You.
NO LIABILITY FOR DAMAGES. In no event shall the Licensor nor anyone else who has been involved in the creation, production or delivery of this software product shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software, even if the Licensor has been advised of the possibility of such damages. Any liability of the Licensor will be limited to replacement of the Software or a refund of the registration costs at the sole discretion of Licensor.
COPYRIGHT. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text), the accompanying printed materials, and any copies of the software product are owned by the Licensor except where otherwise stated in the documentation for the Software. The Software is protected by copyright laws and international treaty provisions. Unauthorized reproduction or distribution of this package, or any portion of it, is punishable by law.
You may not use, copy, rent, lease, sell, modify, de-compile, disassemble, otherwise reverse engineer, or transfer the Software without the written permission of the Licensor. You may not attempt to circumvent the functional limitations built into the Software except by registering the Software. You may not distribute the Software in any form to any third party not covered by this agreement, although you may direct them to download the Software from the Licensors website. Any such unauthorized use shall result in immediate and automatic termination of this license. All rights not expressly granted here are reserved to the Licensor.
PERMITTED USES. You may use the Software strictly for Your internal business operations and to process Your own data.
UPDATES. Once Registered, You may obtain copies of each revision or "Update" to the Software that the Licensor generally distributes to the public by paying prices from time to time announced by Licensor. The Licensor's designation of an item as a new version or an enhancement rather than an Update shall be conclusive unless clearly erroneous. Updates are available for download from Licensor's website. You agree to install all Updates promptly.
GOVERNING LAWS. This agreement shall be governed by the laws of the United Kingdom and shall endure to the benefit of the Licensor and any successors, administrators, heirs and assigns. Any action shall be initiated and maintained in a forum of competent jurisdiction in Northern Ireland. You will bring any action against licensor within one (1) year after the claim arises, or be barred. The parties hereby consent to in jurisdiction of said courts.
DISTRIBUTION LICENSE. This software is ONLY available for download and purchase at the Licensors website. You may provide a link to downloadable file on the Licensors website. However, distribution of the Software is prohibited without the written permission of the Licensor. If you wish to distribute the Software on a trial software CD, download archive site or some other type of media, you must obtain written permission from the Licensor before doing so. Failure to obtain permission is a violation of the Licensors copyright and this license agreement.
TERMINATION. This Agreement shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another Section of this Agreement. This Agreement will terminate automatically if You breach any provision of it. You may terminate this Agreement at any time at Your election.
EFFECT OF TERMINATION. Termination of this Agreement will terminate Your right to possess or Use the Software. Upon termination for any reason, You agree to destroy the original and all copies of the Software (including Documentation) and cease all further Use of it. Termination will have no effect on Your obligation to safeguard and protect proprietary rights of Licensor, disclaimers, limitations or continuing assurances.
MISCELLANEOUS. This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. By downloading the Software, You agree to be bound by this Agreement. You may issue a purchase order, but it will have no substantive effect on our Agreement. This Agreement may be modified or amended only by a writing signed by an authorized representative of Licensor. It is agreed that sales representatives and distributors of the Licensed Program have no authority to alter this Agreement. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.