Autochromatic distribution permissions and end-user license agreement
Autochromatic License Agreement
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE NAMESUPPRESSED SOFTWARE PRODUCT WITH WHICH THIS LICENSE AGREEMENT WAS PROVIDED (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST NOT INSTALL OR USE THE PRODUCT.
1. LICENSE GRANT. namesuppressed grants Licensee a non-exclusive and non-transferable license to use the executable code version of the Product for evaluation and trial purposes only. Licensee may not use the Product for any purpose other than trial and evaluation without namesuppressed`s prior written consent. Licensee may make a limited number of copies of the Product as required to conduct its evaluation, provided each copy contains the original proprietary notices and provided the use of any such copy is governed by the terms of this Agreement. This Agreement does not entitle Licensee to hard-copy documentation, support or telephone assistance.
2. TERM AND TERMINATION. Without prejudice to any other rights, namesuppressed may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product.
3. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in namesuppressed. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with namesuppressed`s ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Any copy shall contain all of the notices regarding proprietary rights that are contained in the Product originally delivered by namesuppressed.
4. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, and in addition to any other restrictions herein, Licensee may not: (i) modify or create any derivative works of the Product or documentation; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product, nor allow another person to do so (except to the extent applicable laws specifically prohibit such restrictions); (iii) encumber, sell, rent, lease, sublicense, use the Products in a timesharing or service bureau arrangement, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) use the Product for any purpose other than trial and evaluation without namesuppressed`s prior written consent.
5. DISCLAIMER OF WARRANTY . THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT NAMESUPPRESSED OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NAMESUPPRESSED OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, NAMESUPPRESSED`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF NAMESUPPRESSED TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
7. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee`s convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (f) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the prior express written consent of namesuppressed, which will not be unreasonably withheld. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
8. CONTACT DETAILS. Should you have any questions concerning this License Agreement, or if you desire to contact namesuppressed for any reason, please email: firstname.lastname@example.org.
You may include this trial version on any CD compilation. If possible, please email us at
email@example.com to let us know you`re including the program in your product
(so we can perhaps promote your product on our website or buy a copy ourselves!).
You may not sell the trial copy.
You must disclose that this product is shareware, and that the product is not free.