FileBoss distribution permissions and end-user license agreement
FILEBOSS - PRODUCT LICENSE AGREEMENT
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE, COPY, TRANSMIT OR DISTRIBUTE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
EVALUATION LICENSE. The Utility Factory grants you the right to install and use an unregistered copy of FileBoss on one computer for up to thirty days, after which you must either delete its files from your computer, or purchase the Licensed Version.
REGISTERED LICENSE. The Utility Factory grants you a license to use one copy of FileBoss (the SOFTWARE) on one hardware product for each license you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE'S documentation, or you must remove the SOFTWARE from your computer. This license is not transferable to any other entity, company, or individual.
OWNERSHIP. The SOFTWARE is owned and copyrighted by The Utility Factory. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of The Utility Factory and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
DISTRIBUTION: If you distribute the SOFTWARE it may not be altered in any way. Only the original, unaltered setup file may be distributed. The SOFTWARE may not be distributed for profit.
UNAUTHORIZED USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is The Utility Factory, 10202 40th Ave SE, Everett, WA 98208.
LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. THE UTILITY FACTORY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE UTILITY FACTORY DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE UTILITY FACTORY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF [COMPANY] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
SEVERABILITY. 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.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO THE UTILITY FACTORY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE UTILITY FACTORY 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 THE SOFTWARE, EVEN IF THE UTILITY FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE UTILITY FACTORY'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
GOVERNING LAW. This agreement shall be governed by the laws of the State of Washington excluding the application of its conflicts of law rules and shall inure to the benefit of The Utility Factory and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in the United States of America, Snohomish County, the State of Washington. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
ENTIRE AGREEMENT. This is the entire agreement between you and The Utility Factor which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
RESERVED RIGHTS. All rights not expressly granted here are reserved to The Utility Factory.
Copyright © 2005-2008 by The Utility Factory. All rights reserved.