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 ("EULA") pertains to the FRSLinkCheck
product (called the "Software" in this Agreement) in the downloaded
software executable, CD-ROM, diskettes, associated media, printed
materials, and/or electronic documentation.
This End-User License Agreement ("EULA") is a legal agreement between
you, ("Customer" or "you"), and Fourth Ray Software, Houston, Texas.
By installing, copying, or otherwise using any part of above Software
or any associated media, any printed materials, or any "online" or
electronic documentation (the "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 Software 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 Fourth Ray Software.
Provided you have paid all applicable fees, and otherwise complied
with this EULA, Fourth Ray Software 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 network, provided that each individual accessing
Software through the network must have 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 must contain all of the original Software`s
proprietary notices.
b. You may not decompile, disassemble, extract or otherwise reverse
engineer Software nor any parts 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 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 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 it 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.
*********************************************************************
2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
*********************************************************************
Software and documentation is copyrighted 2004-8 Fourth Ray Software.
All Rights Reserved. The law prohibits making unauthorized copies. No
part of Software or documentation may be reproduced, transmitted,
transcribed, stored in a retrieval system or translated into any
human or computer language without prior written permission of Fourth
Ray Software. Fourth Ray Software 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
*********************************************************************
Fourth Ray Software owns a number of unregistered Trademarks (the
"Marks"). These Marks are extremely valuable to Fourth Ray Software
and shall not be used by you, or any other person, without Fourth Ray
Software`s express written permission. The Marks include, but are not
necessarily limited to the following: Fourth Ray Software icon, the
FRSLinkCheck name, and the FRSLinkCheck icon. Fourth Ray Software
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 Fourth Ray
Software`s Marks shall be deemed an intentional and willful violation
of substantial rights of Fourth Ray Software.
In addition to Fourth Ray Software`s Marks, some Fourth Ray Software
Products may include trademarks or service marks owned by other
corporations. These other marks include Windows®, which is a
registered Trademark of Microsoft Corporation.
*********************************************************************
4. WARRANTY, REMEDY, AND LIMITATIONS
*********************************************************************
A. Fourth Ray Software 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. Fourth Ray Software`s entire liability and your exclusive remedy
for any claim you may have against Fourth Ray Software shall be,
at Fourth Ray Software`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; provided you
completely remove all the files installed on your computer during
the installation program, including the installation executable
itself.
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 and the documentation sold
with this publication are 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 Fourth Ray Software or any of its suppliers be
liable for any lost profits, lost files, 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. Fourth Ray Software reserves the right to modify this
document at any time without obligation to notify anyone. In no event
shall Fourth Ray Software`s or its suppliers` liability under this
agreement exceed the sum of any amounts paid hereunder by you to
Fourth Ray Software 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 and
documentation in your possession. Otherwise, this EULA shall remain
in force until terminated. You may terminate this EULA at any time
(with no obligation on the part of Fourth Ray Software) by destroying
all copies of Software, deleting any copies of Software from your
hard drives, ceasing all use of Software and documentation; and
providing satisfactory proof to Fourth Ray Software 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 Software are terminated.
*********************************************************************
6. UPGRADES
*********************************************************************
If Fourth Ray Software designates Software as an "Upgrade" product,
then you may only use Software if you are also currently a licensed
user of the base product to which the Upgrade applies; or as part of
the initial 21-day free trial period. Unless the Fourth Ray Software
documentation for an Upgrade specifically provides, you shall not
separate upgrade products from base products, nor transfer them
separately. Fourth Ray Software 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 Upgrades. Software may communicate with Fourth Ray
Software`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 Upgrades.
*********************************************************************
7. PRIVACY POLICY
*********************************************************************
Software does not communicate personally-identifiable information
back to Fourth Ray Software, nor any third party. Software does not
upload data files back to the Fourth Ray Software server, nor any
third party. Fourth Ray Software reserves the right to have Software
communicate your license serial number back to the Fourth Ray
Software server to verify legitimacy of Software after Customer has
purchased a serial number for Software.
*********************************************************************
8. GENERAL/MISCELLANEOUS CLAUSES
*********************************************************************
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. 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. 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 both of 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 ("EULA") pertains to the FRSLinkCheck
product (called the "Software" in this Agreement) in the downloaded
software executable, CD-ROM, diskettes, associated media, printed
materials, and/or electronic documentation.
This End-User License Agreement ("EULA") is a legal agreement between
you, ("Customer" or "you"), and Fourth Ray Software, Houston, Texas.
By installing, copying, or otherwise using any part of above Software
or any associated media, any printed materials, or any "online" or
electronic documentation (the "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 Software 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 Fourth Ray Software.
Provided you have paid all applicable fees, and otherwise complied
with this EULA, Fourth Ray Software 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 network, provided that each individual accessing
Software through the network must have 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 must contain all of the original Software`s
proprietary notices.
b. You may not decompile, disassemble, extract or otherwise reverse
engineer Software nor any parts 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 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 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 it 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.
*********************************************************************
2. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
*********************************************************************
Software and documentation is copyrighted 2004-8 Fourth Ray Software.
All Rights Reserved. The law prohibits making unauthorized copies. No
part of Software or documentation may be reproduced, transmitted,
transcribed, stored in a retrieval system or translated into any
human or computer language without prior written permission of Fourth
Ray Software. Fourth Ray Software 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
*********************************************************************
Fourth Ray Software owns a number of unregistered Trademarks (the
"Marks"). These Marks are extremely valuable to Fourth Ray Software
and shall not be used by you, or any other person, without Fourth Ray
Software`s express written permission. The Marks include, but are not
necessarily limited to the following: Fourth Ray Software icon, the
FRSLinkCheck name, and the FRSLinkCheck icon. Fourth Ray Software
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 Fourth Ray
Software`s Marks shall be deemed an intentional and willful violation
of substantial rights of Fourth Ray Software.
In addition to Fourth Ray Software`s Marks, some Fourth Ray Software
Products may include trademarks or service marks owned by other
corporations. These other marks include Windows®, which is a
registered Trademark of Microsoft Corporation.
*********************************************************************
4. WARRANTY, REMEDY, AND LIMITATIONS
*********************************************************************
A. Fourth Ray Software 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. Fourth Ray Software`s entire liability and your exclusive remedy
for any claim you may have against Fourth Ray Software shall be,
at Fourth Ray Software`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; provided you
completely remove all the files installed on your computer during
the installation program, including the installation executable
itself.
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 and the documentation sold
with this publication are 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 Fourth Ray Software or any of its suppliers be
liable for any lost profits, lost files, 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. Fourth Ray Software reserves the right to modify this
document at any time without obligation to notify anyone. In no event
shall Fourth Ray Software`s or its suppliers` liability under this
agreement exceed the sum of any amounts paid hereunder by you to
Fourth Ray Software 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 and
documentation in your possession. Otherwise, this EULA shall remain
in force until terminated. You may terminate this EULA at any time
(with no obligation on the part of Fourth Ray Software) by destroying
all copies of Software, deleting any copies of Software from your
hard drives, ceasing all use of Software and documentation; and
providing satisfactory proof to Fourth Ray Software 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 Software are terminated.
*********************************************************************
6. UPGRADES
*********************************************************************
If Fourth Ray Software designates Software as an "Upgrade" product,
then you may only use Software if you are also currently a licensed
user of the base product to which the Upgrade applies; or as part of
the initial 21-day free trial period. Unless the Fourth Ray Software
documentation for an Upgrade specifically provides, you shall not
separate upgrade products from base products, nor transfer them
separately. Fourth Ray Software 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 Upgrades. Software may communicate with Fourth Ray
Software`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 Upgrades.
*********************************************************************
7. PRIVACY POLICY
*********************************************************************
Software does not communicate personally-identifiable information
back to Fourth Ray Software, nor any third party. Software does not
upload data files back to the Fourth Ray Software server, nor any
third party. Fourth Ray Software reserves the right to have Software
communicate your license serial number back to the Fourth Ray
Software server to verify legitimacy of Software after Customer has
purchased a serial number for Software.
*********************************************************************
8. GENERAL/MISCELLANEOUS CLAUSES
*********************************************************************
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. 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. 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 both of 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
