ClipCache Pro distribution permissions and end-user license agreement
1. LICENCE FOR SOFTWARE USE
BEFORE YOU CLICK ON THE "YES" BUTTON, please read the terms and conditions of this agreement carefully. By clicking on the "yes" button, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click the "no" button and do not use the software.
ClipCache Plus for Windows 95, Windows 98, Windows NT4, Windows 2000
Copyright (c) 2000-2001
XRayz Software All Rights Reserved
ClipCache Plus is a copyright of XRayz Software
2. NOTICE TO ALL USERS
Carefully read the following legal agreement ("agreement"), which sets forth license terms for ClipCache Plus. By installing ClipCache Plus, you (either an individual or a single entity) consent to be bound by and become a party to this agreement with XRayz Software. If you do not agree to all of its terms, do not click accept and abort this installation.
3. LICENSE GRANT
XRayz Software hereby license use on (A) your own personal computer(s), desktop(s) and/or portable(s), or (B) multiple users on a single computer, but not both (A) and (B). Usage on a LAN or in a server/workstation environment requires that each workstation accessing the software must be licensed.
In practical terms this means the software can be used by a single user *for personal use* on the work computer and the portable computer for that user only. You may not modify ClipCache Plus or disable any licensing or control features of ClipCache Plus except as an intended part of ClipCache Plus`s programming features.
When you first obtain a copy of ClipCache Plus, you are granted an evaluation period of not more than 30 days, after which time you must pay for ClipCache Plus according to the terms and prices discussed in ClipCache Plus`s documentation, or you must remove ClipCache Plus from your system.
This license is not transferable to any other system belonging to another organization or individual. You are expected to use ClipCache Plus on your personal use system and to thoroughly evaluate its usefulness and functionality before making a purchase. For clarification purposes, "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying ClipCache Plus.
4. COPYRIGHT AND TITLE
ClipCache Plus is protected by UK laws and international treaty provisions. XRayz Software and its suppliers own and retain all right, title and interest in and to ClipCache Plus, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.
You acknowledge that your possession, installation, or use of ClipCache Plus does not transfer to you any title to the intellectual property in the Software, and that you will not acquire any rights to ClipCache Plus except as expressly set forth in this agreement. You agree that any copies of ClipCache Plus and its Documentation will contain the same proprietary notices that appear on and in ClipCache Plus and its Documentation.
You may not rent, lease, loan or resell ClipCache Plus. You may not permit third parties to benefit from the use or functionality of ClipCache Plus via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this agreement. You may not reverse engineer, decompile, or disassemble ClipCache Plus, except to the extent that the foregoing restriction is expressly prohibited by applicable law.
You may not modify, or create derivative works based upon, ClipCache Plus in whole or in part. You may not copy ClipCache Plus or Documentation except as expressly permitted above. You may not remove any proprietary notices or labels on ClipCache Plus.
6. EXPORT CONTROLS
You may not download or otherwise export or reexport ClipCache Plus or any underlying information or technology except in full compliance with all UK and other applicable laws and regulations.
7. GOVERNING LAW
This license will be governed by the laws of the The UK as they are applied to agreements between UK residents entered into and to be performed entirely within the UK. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
8. DISCLAIMER OF WARRANTY
ClipCache Plus and the accompanying files are sold "as is" and without warranties as to performance of merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which ClipCache Plus may be put, no warranty of fitness for a particular purpose is offered.
9. NO OTHER WARRANTIES
XRayz Software does not warrant that ClipCache Plus is error free. XRayz Software disclaims all other warranties with respect to ClipCache Plus, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall XRayz Software or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of ClipCache Plus, even if XRayz Software has been advised of the possibility of such damages. In no event will the liability of XRayz Software for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
11. HIGH RISK ACTIVITIES
ClipCache Plus is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of ClipCache Plus could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities").
XRayz Software expressly disclaims any express or implied warranty of fitness for High Risk Activities.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
13. ENTIRE AGREEMENT
This is the entire agreement between you and XRayz Software which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
This license last updated on May 25, 2000
The shareware shareware version of ClipCache Plus is freely distributable.