FRSLinkCheck distribution permissions and end-user license agreement
*********************************************************************
Fourth Ray Software`s End-User License Agreement for FRSLinkCheck
*********************************************************************
After carefully reading this agreement, YOU MUST:
* press the NEXT BUTTON to accept the agreement, or
* press the CANCEL BUTTON to not accept the agreement.
*********************************************************************
This End-User License Agreement (referred to as "EULA" in this
Agreement) pertains to the FRSLinkCheck product and its associated
online documentation (called "Software" in this Agreement) in the
downloaded software executable, CD-ROM, diskettes, associated media,
printed materials, and/or electronic documentation.
Read the terms and conditions of this EULA before installing, copying,
or otherwise using Software.
This EULA is a legal agreement between you, ("Customer", "You", or
"you" in this agreement), and Fourth Ray Software, Houston, Texas
("Company" in this agreement). By installing, copying, or otherwise
using any part of above Software, you agree to be bound by the terms
of this EULA. If you do not agree to the terms of this EULA, you must
uninstall Software, and delete all copies of the Software`s
installation executable.
*********************************************************************
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
*********************************************************************
Software is licensed, not sold. Any rights not clearly and expressly
granted to you under this EULA are reserved to Company. Provided you
have paid all applicable fees, and otherwise complied with this EULA,
Company grants you the following personal, non-exclusive,
non-transferable, limited rights:
A. You may use Software on any individual single computer; use
Software on a local-area-network, provided that each individual
accessing Software through the network has a copy licensed to
that individual; use Software on a second computer so long as
only one copy is used at a time; or copy Software for archival
purposes, provided any copy contains all of the original
Software`s proprietary notices.
B. You may not decompile, disassemble, extract, or otherwise reverse
engineer any of Software. You shall not have the right to obtain
or use any source code for Software, nor copy, reproduce, or
distribute Software except as provided above. You agree not to
rent, lease, or loan Software, nor use the Software to render
time sharing of service bureau services. You may not use Software
in a software production "foundry" environment to make third
party software ready for manufacture or installation. You may not
make any commercial use of the Software code except as expressly
permitted under this Agreement.
C. If you have not paid for your license, and therefore are using
the trial version of Software, you agree to stop using Software
after 21 days, UNLESS you purchase your license for Software.
After the trial period you must uninstall Software if you do not
intend to purchase a license for said Software.
D. You may use Software icon only when associated with a listing or
review of Software.
*********************************************************************
2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
*********************************************************************
Software is copyrighted 2004-9 Fourth Ray Software. All Rights
Reserved. Making unauthorized copies is prohibited by law. No part of
Software may be reproduced, transmitted, transcribed, stored in a
retrieval system or translated into any human or computer language
without prior written permission of Company. Company asserts its
"Moral Right" to be identified as the author of this work, in all
jurisdictions that recognize the "Moral Right."
*********************************************************************
3. TRADEMARKS AND SERVICE MARKS
*********************************************************************
Company owns a number of Trademarks ("Marks" in this agreement).
These Marks are extremely valuable to Company and shall not be used
by you, or any other person, without Company`s express written
permission, except as stated above. The Marks include, but are not
necessarily limited to the following: Fourth Ray Software icon, the
FRSLinkCheck name, the FRSLinkCheck icon. Company expressly reserves
the right to use additional registered and unregistered Marks in
connection with its business, and such additional registered and
unregistered Marks shall be entitled to full protection under
applicable law. Any use of any Company`s Marks shall be deemed an
intentional and willful violation of substantial rights of Company.
In addition to Company`s Marks, Software may include trademarks or
service marks owned by other corporations. These other marks include
Windows®, which is a registered Trademark of Microsoft Corporation.
You shall not use any of the trademarks, or service marks of Company,
Microsoft Corporation, or any other entity, without the express
written permission of such trademark or service mark owner.
*********************************************************************
4. WARRANTY, REMEDY, AND LIMITATIONS
*********************************************************************
A. Company grants you a limited warranty that Software will perform
in substantial accordance with the accompanying online
documentation for ninety (90) days following your receipt of
Software. This is your only warranty.
B. Company`s entire liability and your exclusive remedy for any
claim you may have against Company shall be, at Company`s option,
(i) return of amounts paid for the applicable software; or
(ii) repair or replacement of software which does not meet the
above limited warranty.
C. Some states do not allow certain warranty limitations, so the
restrictions of this section 4 will apply to the full extent
permitted by applicable law.
Unless otherwise stated above, Software is provided "as is" without
warranty of any kind either expressed or implied, including but not
limited to the implied warranties of merchantability and fitness. The
entire risk arising out of the use or performance of this Software
remains with you. In no event will Company or any of its suppliers be
liable for any lost profits, lost files, lost data, lost savings,
direct, incidental or indirect damages, or other economic or
consequential damages, even if they have been advised of the
possibility of such damages. In no event shall Company`s or its
suppliers` liability under this agreement exceed the sum of any
amounts paid hereunder by you to Company or the suppliers.
*********************************************************************
5. TERMINATION
*********************************************************************
The license will terminate automatically if you fail to comply with
the terms, conditions, or limitations contained in this EULA,
including the payment of applicable license or other fees. On
termination, you shall destroy all copies of Software. Otherwise,
this EULA shall remain in force until terminated. You may terminate
this EULA at any time (with no obligation on the part of Company) by
destroying all copies of Software, deleting any copies of the
Software from your hard drives, ceasing all use of Software; and
providing satisfactory proof to Company that you have done so. The
disclaimer of warranty and limitations on liability contained in
Section 4 shall continue in force even after your rights to use the
Software are terminated.
*********************************************************************
6. UPGRADES
*********************************************************************
If Software is designated by Company as an upgrade ("Upgrade" in this
agreement) product, then you may only use Software if you are also
currently a licensed user, or evaluating Software during the 21-day
trial period, of the base product to which the Upgrade applies.
Unless the Company documentation for Upgrade specifically provides,
you shall not separate Upgrade from base products, nor transfer them
separately. Company reserves the sole and exclusive right to set its
policies and prices regarding updates, upgrades, and enhancements. All
other terms of this EULA apply with equal force to any such Upgrade.
Software may communicate with Company`s server from time to time to
check for available updates to Software, such as bug fixes, patches,
enhanced functions, missing documentation and data files, and new
versions. By installing Software, you agree to automatically request
and receive Upgrade, even though this feature can be disabled via the
Software`s settings. If Upgrade cost is "free", Company will not
charge for new version of Software. All other costs associated with
downloading Software are Customer`s responsibility.
*********************************************************************
7. PRIVACY POLICY
*********************************************************************
Software does not communicate personally-identifiable information
back to Company, nor any third party. Software does not upload data
nor data files back to the Company server, nor any third party.
Company reserves the right to have Software communicate Customer
license serial number back to the Company server to verify legitimacy
of Software after Customer has purchased a serial number for Software
for the purposes of detecting piracy. Company reserves the right to,
anonymously, count the number of times Software checks for upgrades,
for the purposes of building an aggregate number of Software usage.
*********************************************************************
8. GENERAL/MISCELLANEOUS CLAUSES
*********************************************************************
Company reserves the right to modify this EULA at any time without
obligation to notify anyone. This EULA shall be governed by and
construed under the substantive laws applicable to the State of Texas,
United States of America. If any provision of this EULA is held to be
unenforceable, the remaining provisions shall remain in full force and
effect.
You, the undersigned, agree that this EULA is entered into at Houston,
Texas, United States of America. You further agree that any legal or
equitable dispute brought or arising under this Agreement shall be
brought in the State and Federal courts for Houston, Texas, United
States of America. This Agreement constitutes the entire agreement
between the undersigned about the subject matter, and shall not be
modified except as provided above, or in writing signed by the
undersigned.
*********************************************************************
Fourth Ray Software`s End-User License Agreement for FRSLinkCheck
*********************************************************************
After carefully reading this agreement, YOU MUST:
* press the NEXT BUTTON to accept the agreement, or
* press the CANCEL BUTTON to not accept the agreement.
*********************************************************************
This End-User License Agreement (referred to as "EULA" in this
Agreement) pertains to the FRSLinkCheck product and its associated
online documentation (called "Software" in this Agreement) in the
downloaded software executable, CD-ROM, diskettes, associated media,
printed materials, and/or electronic documentation.
Read the terms and conditions of this EULA before installing, copying,
or otherwise using Software.
This EULA is a legal agreement between you, ("Customer", "You", or
"you" in this agreement), and Fourth Ray Software, Houston, Texas
("Company" in this agreement). By installing, copying, or otherwise
using any part of above Software, you agree to be bound by the terms
of this EULA. If you do not agree to the terms of this EULA, you must
uninstall Software, and delete all copies of the Software`s
installation executable.
*********************************************************************
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
*********************************************************************
Software is licensed, not sold. Any rights not clearly and expressly
granted to you under this EULA are reserved to Company. Provided you
have paid all applicable fees, and otherwise complied with this EULA,
Company grants you the following personal, non-exclusive,
non-transferable, limited rights:
A. You may use Software on any individual single computer; use
Software on a local-area-network, provided that each individual
accessing Software through the network has a copy licensed to
that individual; use Software on a second computer so long as
only one copy is used at a time; or copy Software for archival
purposes, provided any copy contains all of the original
Software`s proprietary notices.
B. You may not decompile, disassemble, extract, or otherwise reverse
engineer any of Software. You shall not have the right to obtain
or use any source code for Software, nor copy, reproduce, or
distribute Software except as provided above. You agree not to
rent, lease, or loan Software, nor use the Software to render
time sharing of service bureau services. You may not use Software
in a software production "foundry" environment to make third
party software ready for manufacture or installation. You may not
make any commercial use of the Software code except as expressly
permitted under this Agreement.
C. If you have not paid for your license, and therefore are using
the trial version of Software, you agree to stop using Software
after 21 days, UNLESS you purchase your license for Software.
After the trial period you must uninstall Software if you do not
intend to purchase a license for said Software.
D. You may use Software icon only when associated with a listing or
review of Software.
*********************************************************************
2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
*********************************************************************
Software is copyrighted 2004-9 Fourth Ray Software. All Rights
Reserved. Making unauthorized copies is prohibited by law. No part of
Software may be reproduced, transmitted, transcribed, stored in a
retrieval system or translated into any human or computer language
without prior written permission of Company. Company asserts its
"Moral Right" to be identified as the author of this work, in all
jurisdictions that recognize the "Moral Right."
*********************************************************************
3. TRADEMARKS AND SERVICE MARKS
*********************************************************************
Company owns a number of Trademarks ("Marks" in this agreement).
These Marks are extremely valuable to Company and shall not be used
by you, or any other person, without Company`s express written
permission, except as stated above. The Marks include, but are not
necessarily limited to the following: Fourth Ray Software icon, the
FRSLinkCheck name, the FRSLinkCheck icon. Company expressly reserves
the right to use additional registered and unregistered Marks in
connection with its business, and such additional registered and
unregistered Marks shall be entitled to full protection under
applicable law. Any use of any Company`s Marks shall be deemed an
intentional and willful violation of substantial rights of Company.
In addition to Company`s Marks, Software may include trademarks or
service marks owned by other corporations. These other marks include
Windows®, which is a registered Trademark of Microsoft Corporation.
You shall not use any of the trademarks, or service marks of Company,
Microsoft Corporation, or any other entity, without the express
written permission of such trademark or service mark owner.
*********************************************************************
4. WARRANTY, REMEDY, AND LIMITATIONS
*********************************************************************
A. Company grants you a limited warranty that Software will perform
in substantial accordance with the accompanying online
documentation for ninety (90) days following your receipt of
Software. This is your only warranty.
B. Company`s entire liability and your exclusive remedy for any
claim you may have against Company shall be, at Company`s option,
(i) return of amounts paid for the applicable software; or
(ii) repair or replacement of software which does not meet the
above limited warranty.
C. Some states do not allow certain warranty limitations, so the
restrictions of this section 4 will apply to the full extent
permitted by applicable law.
Unless otherwise stated above, Software is provided "as is" without
warranty of any kind either expressed or implied, including but not
limited to the implied warranties of merchantability and fitness. The
entire risk arising out of the use or performance of this Software
remains with you. In no event will Company or any of its suppliers be
liable for any lost profits, lost files, lost data, lost savings,
direct, incidental or indirect damages, or other economic or
consequential damages, even if they have been advised of the
possibility of such damages. In no event shall Company`s or its
suppliers` liability under this agreement exceed the sum of any
amounts paid hereunder by you to Company or the suppliers.
*********************************************************************
5. TERMINATION
*********************************************************************
The license will terminate automatically if you fail to comply with
the terms, conditions, or limitations contained in this EULA,
including the payment of applicable license or other fees. On
termination, you shall destroy all copies of Software. Otherwise,
this EULA shall remain in force until terminated. You may terminate
this EULA at any time (with no obligation on the part of Company) by
destroying all copies of Software, deleting any copies of the
Software from your hard drives, ceasing all use of Software; and
providing satisfactory proof to Company that you have done so. The
disclaimer of warranty and limitations on liability contained in
Section 4 shall continue in force even after your rights to use the
Software are terminated.
*********************************************************************
6. UPGRADES
*********************************************************************
If Software is designated by Company as an upgrade ("Upgrade" in this
agreement) product, then you may only use Software if you are also
currently a licensed user, or evaluating Software during the 21-day
trial period, of the base product to which the Upgrade applies.
Unless the Company documentation for Upgrade specifically provides,
you shall not separate Upgrade from base products, nor transfer them
separately. Company reserves the sole and exclusive right to set its
policies and prices regarding updates, upgrades, and enhancements. All
other terms of this EULA apply with equal force to any such Upgrade.
Software may communicate with Company`s server from time to time to
check for available updates to Software, such as bug fixes, patches,
enhanced functions, missing documentation and data files, and new
versions. By installing Software, you agree to automatically request
and receive Upgrade, even though this feature can be disabled via the
Software`s settings. If Upgrade cost is "free", Company will not
charge for new version of Software. All other costs associated with
downloading Software are Customer`s responsibility.
*********************************************************************
7. PRIVACY POLICY
*********************************************************************
Software does not communicate personally-identifiable information
back to Company, nor any third party. Software does not upload data
nor data files back to the Company server, nor any third party.
Company reserves the right to have Software communicate Customer
license serial number back to the Company server to verify legitimacy
of Software after Customer has purchased a serial number for Software
for the purposes of detecting piracy. Company reserves the right to,
anonymously, count the number of times Software checks for upgrades,
for the purposes of building an aggregate number of Software usage.
*********************************************************************
8. GENERAL/MISCELLANEOUS CLAUSES
*********************************************************************
Company reserves the right to modify this EULA at any time without
obligation to notify anyone. This EULA shall be governed by and
construed under the substantive laws applicable to the State of Texas,
United States of America. If any provision of this EULA is held to be
unenforceable, the remaining provisions shall remain in full force and
effect.
You, the undersigned, agree that this EULA is entered into at Houston,
Texas, United States of America. You further agree that any legal or
equitable dispute brought or arising under this Agreement shall be
brought in the State and Federal courts for Houston, Texas, United
States of America. This Agreement constitutes the entire agreement
between the undersigned about the subject matter, and shall not be
modified except as provided above, or in writing signed by the
undersigned.
*********************************************************************
All downloads must be made directly from the Fourth Ray Software web site. For any questions, please contact us at info@fourthray.com
