ColorPop distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT FOR ICONICO SOFTWARE
These Terms and Conditions apply to "ColorPop"
Carefully read this End User License Agreement ("Agreement") before installing, copying or using this Iconico ("Licensor") software ("Software") product. Any Installation, copy, or use of the Software indicates your full and irrevocable acceptance of all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please be aware that you are not authorized to install, copy, or use the Software.
Copyright (C) 2005 Iconico.
All rights reserved.
1- Title, ownership rights, and intellectual property rights in the Product shall remain the sole property of Iconico. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Iconico`s or its suppliers` ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties.
2- This Software product is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of Iconico. Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of Iconico as sole and exclusive owner of the Software.
1- The Software is initially provided to you for evaluation purposes. It may be used free of charge on development and test machines for an unlimited amount of time.
REGISTERING AND USE
1- Registering the Software means that, subject to your payment of the applicable fee, Iconico will grant you a single website license to use, run, access, display, or otherwise interact with ("Use") the Software on only one internet domain ("Website"). The Website includes http and https
acess protocols and any associated sub-domains. The Software is considered to be "in Use" when it
is loaded into RAM or installed on a hard disk or other storage device. You are not authorized to
dissociate, alter or amend the Software or and associated configuration files in any way; and to
use the part thereof on several Computers or Websites.
2- If you wish to Use the Software on more than one Website, you must obtain a number of end user licenses equal to the number of Websites on which the Software will be Used and pay the registration fees accordingly.
3- We offer a full thirty (30) day refund policy starting from the date of registering the Software. After such time you will not be entitled to any refund or exchange for any reason.
1- An end user license may be transferred to a third party subject to the obtaining of prior agreement to be bound by all the terms of this Agreement. Upon such a transfer, the previous owner of the end user license agrees that his rights to such license are terminated and that he will immediately discontinue using the Software.
1- This Software cannot be re-sold or used in any profit-making activities, including but not limited to, distribution as part of a commercial product or service, without the prior written consent of Iconico.
2- Copies of the Software that are intended for distribution purposes must be obtained from Iconico or downloaded from its web site: http://www.iconico.com, and distributed as-is including all copyright and other proprietary notices pertaining to, and included in the Software.
3- Nothing in this Agreement shall confer upon you the right to grant user licenses. Such right is, and shall remain at all times, exclusively vested in Iconico.
1- The Software can only be used for the purposes described in the documentation pertaining to the Software as published and amended exclusively by Iconico from time to time.
2- Reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the Software, disclosing, divulging or making registration keys or passwords publicly available are illegal and shall constitute a violation of this Agreement.
3- No portion of the Software, including but not limited to, programs, algorithms, codes, texts, images, or sounds may be modified, adapted, translated, copied, stored, distributed, used or accessed in any way except as detailed in this Agreement.
DISCLAIMER OF WARRANTY
1- Iconico Software are provided on an "As-Is" basis, without warranty of any kind either express or implied, including without limitation that it is without defects, virus free, or able to operate on an uninterrupted basis. Iconico cannot be held liable for any special, direct, indirect, incidental or consequential damages whatsoever including, without limitation, loss of profit arising out of use of the Software, or inability to do so.
LIMITATION OF LIABILITY
1- To the maximum extent permitted by applicable law, in no event will the Licensor 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 profits, work stoppage, loss of goodwill, computer malfunction or failure, or any and all other commercial damages or losses.
1- Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product and destroy all serial numbers and license files.
1- Failure of Iconico to enforce its rights with respect to any violation of this Agreement shall not constitute, or be interpreted as, a waiver from Iconico to exercise such right at any later stage, as it shall deem appropriate.
2- Should any provision of this Agreement be in conflict with any law governing this Agreement, it will be deemed stricken from the Agreement and the remaining provisions will remain in effect.
3- This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns.
You may include the software on any CD compilation.
You may not sell the evalution copy.
You must disclose that the software is TRIALWARE and the product is not free.