AdCanopy - Ad Serving Software distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT FOR ADCANOPY SOFTWARE
IMPORTANT-READ CAREFULLY: This AdCanopy End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PROJECTCANOPY INC. ("AdCanopy") for the AdCanopy software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is owned and copyrighted by PROJECTCANOPY INC. and its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. PROJECTCANOPY INC.`s third party suppliers may protect their rights in the event of any violation of these License Terms.
INTRODUCTION. The SOFTWARE PRODUCT is comprised of any or all of the following components: (i) the core file components, (ii) PROJECTCANOPY INC. Database Scripts, (iii) PROJECTCANOPY INC. Database Schema, (iv) PROJECTCANOPY INC. Database Stored Procedures, (v) PROJECTCANOPY INC. Image Files, (vi) PROJECTCANOPY INC. Documentation, (vii) PROJECTCANOPY INC. “Online” Documentation.
This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components. The following terms govern your use of the specified SOFTWARE PRODUCT unless you have a separate written agreement with PROJECTCANOPY INC..
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Standard Use. You may install and use one (1) copy of the SOFTWARE PRODUCT on a single computer, or Interned domain. The number of Website Management Groups allowed appears at the beginning of this EULA, if applicable. The number of Administrative Accounts allowed appears at the beginning of this EULA, if applicable. You must disclose and reveal to PROJECTCANOPY INC. the name of the company on which the SOFTWARE PRODUCT will be installed and used. "Use" means storing, loading, installing, executing or displaying the SOFTWARE PRODUCT.
* Modification Use. PROJECTCANOPY INC. grants you a non-exclusive, limited license, subject to the modification requirements below, to modify the SOFTWARE PRODUCT. The modified SOFTWARE PRODUCT shall not be made available for sale, resale, distribution or publication under any circumstances. PROJECTCANOPY INC. will not offer technical support for the modified SOFTWARE PRODUCT. PROJECTCANOPY INC. will not offer upgrades for the modified SOFTWARE PRODUCT.
* Modification Use Requirements.
Software Product. If you exercise the modification rights described above, you agree to: (a) only exercise the modification rights described above on the SOFTWARE PRODUCT installed on the company registered with PROJECTCANOPY INC. for use of the SOFTWARE PRODUCT; (b) limit the modified SOFTWARE PRODUCT to the same parameters (number of computers (servers), number of Management Groups, number of Administrative Accounts) specified in this license agreement; (c) not use PROJECTCANOPY INC.`s name, logo, or trademarks to identify the modified SOFTWARE PRODUCT without PROJECTCANOPY INC.’s written permission; (d) reproduce and maintain all PROJECTCANOPY INC. copyright notices in the original SOFTWARE PRODUCT on all adaptations; and (e) indemnify, hold harmless, and defend PROJECTCANOPY INC. from and against any claims or lawsuits, including attorney`s fees, that arise or result from use of the modified SOFTWARE PRODUCT; (f) not disable any licensing control features of the SOFTWARE PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Support Services. PROJECTCANOPY INC. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). All support services will be provided either by e-mail or phone for a time period of thirty (30) days starting the same day that the SOFTWARE PRODUCT is supplied. Any supplemental software code or alteration in database schema provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to PROJECTCANOPY INC. as part of the Support Services, PROJECTCANOPY INC. may use such information for its business purposes, including for product support and development. PROJECTCANOPY INC. will not utilize such technical information in a form that personally identifies you.
* License Term Verification. PROJECTCANOPY INC. reserves the right to check all licensees to verify compliance with this EULA. In order to verify this compliance, you understand and acknowledge that the SOFTWARE PRODUCT may collect and send back information to PROJECTCANOPY INC. about the location where the SOFTWARE PRODUCT has been installed as well as the license information. No other information will be collected or sent back to PROJECTCANOPY INC..
* Confidential Information. The term "Confidential Information" means any information or material, which is proprietary to PROJECTCANOPY INC., whether or not owned or developed by PROJECTCANOPY INC., which is not generally known other than by PROJECTCANOPY INC., and which you have obtained through PROJECTCANOPY INC.. Confidential Information includes without limitation: trade secrets, technical information, product design information, database scripts, database schema, source code and/or object code, copyrights and other intellectual property associated with the SOFTWARE PRODUCT.
* Protection of Confidential Information. You understand and acknowledge that the Confidential Information associated with the SOFTWARE PRODUCT has been developed or obtained by PROJECTCANOPY INC. by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of PROJECTCANOPY INC., which provides PROJECTCANOPY INC. with a significant competitive advantage, and needs to be protected from improper disclosure. You agree to hold in confidence and to not disclose the Confidential Information to any person or entity, except those who are required to have access to the Confidential Information in order to perform their job duties in connection with the limited purposes of this agreement.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
3. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PROJECTCANOPY INC.
4. TERMINATION. Without prejudice to any other rights, PROJECTCANOPY INC. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, the accompanying “online” materials, and any copies of the SOFTWARE PRODUCT are owned by PROJECTCANOPY INC. or its suppliers. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed or “online” materials accompanying the SOFTWARE PRODUCT.
LIMITED WARRANTY. PROJECTCANOPY INC. guarantees that: (a) during a time period of thirty (30) days starting at the same date of the SOFTWARE PRODUCT acquisition, the SOFTWARE PRODUCT will work and operate conforming to the terms and conditions of the provided documentation, and that (b) any technical support supplied by PROJECTCANOPY INC. will be provided according to this EULA. PROJECTCANOPY INC. will be either in position to (a) repair the SOFTWARE PRODUCT or (b) replace the SOFTWARE PRODUCT. The SOFTWARE PRODUCT replacement will be guaranteed during the rest of the original warranty time period or during thirty (30) days, choosing from both periods the larger one. The present warranty will be terminated if the SOFTWARE PRODUCT fails as result of an accident, abuse or misuse.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, ProjectCanopy Inc. and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the software product, and the provision of or failure to provide support services.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall ProjectCanopy Inc. or its suppliers be liable for any special, incidental, indirect, or consequential 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 product or the provision of or failure to provide support services, even if ProjectCanopy Inc. has been advised of the possibility of such damages.
ALL SALES ARE FINAL. When you purchase the SOFTWARE PRODUCT you are acquiring binary source code and digital information. The SOFTWARE PRODUCT sale is final. PROJECTCANOPY INC. under no circumstances will be in the obligation of returning the amount paid for the SOFTWARE PRODUCT.
Copyright © 2005 - 2007 PROJECTCANOPY INC.
This software (unregistered version) may be freely distributed in any electronic form (i.e. CD compilation.)
You may not sell the evaluation copy.
You must disclose that this is shareware and that the product is not free.