Goofbay Toolbar distribution permissions and end-user license agreement

FREE USE LICENSE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER: • YOU CLICK THE "ACCEPT" BUTTON, OR • YOU COPY, INSTALL, OR USE THIS COPY OF THE GOOFBAY TOOLBAR SOFTWARE, OR • YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS THE GOOFBAY TOOLBAR SOFTWARE. IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE. 1. SOFTWARE COVERED BY THIS LICENSE This license agreement ("Agreement") applies only to the version of The Goofbay Toolbar software package ("The Goofbay Toolbar") with which this Agreement is included by the Association for Shareware Professionals ("GOOFBAY"). Different license terms may apply to other software packages or other materials from GOOFBAY, and license terms for later versions of The Goofbay Toolbar may also be changed. 2. FREE USE LICENSE. (a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received The Goofbay Toolbar in the form of an original The Goofbay Toolbar distribution package as distributed by GOOFBAY, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for The Goofbay Toolbar are available from GOOFBAY and GOOFBAY-authorized The Goofbay Toolbar distributors. Copies of The Goofbay Toolbar not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others. (b) You may, free of charge: • install and use The Goofbay Toolbar free of charge. "Proper use" of The Goofbay Toolbar is use of The Goofbay Toolbar program fully in accordance with GOOFBAY guidelines, as such guidelines may be changed, clarified or corrected by GOOFBAY from time to time. If you have any questions as to proper use of this The Goofbay Toolbar program you may contact GOOFBAY via the contact information included in this Original Distribution Package. (c) You may not: • permit others to use this The Goofbay Toolbar program unless they are properly licensed by GOOFBAY, either under this Agreement or another agreement from GOOFBAY. • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this The Goofbay Toolbar program. • copy The Goofbay Toolbar except as described above. • sell or license copies of The Goofbay Toolbar to others. • remove any proprietary notices or labels on The Goofbay Toolbar or any other GOOFBAY software. • use The Goofbay Toolbar in or for High Risk Activities (defined below) (d) All rights not expressly granted by GOOFBAY in this Agreement are entirely and exclusively reserved to GOOFBAY. 4. SUPPORT. The Goofbay Toolbar contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license. 5. TOOLBAR FORMAT AND OTHER LICENSES. (a) The TOOLBAR file formats are data file formats that are owned by solely by GOOFBAY, and specified and changed from time to time solely by GOOFBAY. (b) This The Goofbay Toolbar program, as distributed in this Original Distribution Package and when properly used as designated solely by GOOFBAY, is intended to create data files in TOOLBAR file format(s) endorsed by GOOFBAY at the time this Original Distribution Package was first made publicly available by GOOFBAY. GOOFBAY reserves the right to change any TOOLBAR file format at any time at its sole discretion. (c) All use and distribution of The Toolbar is subject to license from GOOFBAY. If you have any questions as to current specifications or license terms for TOOLBAR file format(s), you may contact GOOFBAY via the contact information included in this Original Distribution Package. 6. DISCLAIMER OF WARRANTY. GOOFBAY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE GOOFBAY TOOLBAR BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING THE GOOFBAY TOOLBAR AND DISTRIBUTING FILES CREATED THROUGH USE OF THE GOOFBAY TOOLBAR, AND THAT IF YOU USE THE GOOFBAY TOOLBAR IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOOFBAY TOOLBAR IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL GOOFBAY, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE GOOFBAY TOOLBAR, FILES CREATED USING THE GOOFBAY TOOLBAR, OR YOUR RELATIONSHIP WITH GOOFBAY. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you. 8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. 9. TITLE. GOOFBAY or its licensors own The Goofbay Toolbar software, all other materials in this The Goofbay Toolbar Original Distribution Package, the TOOLBAR File Format, and the names and marks "GOOFBAY" and "The Goofbay Toolbar", under the copyright, trademark, and trade secret laws and all other laws that may apply. 10. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of The Goofbay Toolbar software and all other materials in this The Goofbay Toolbar Original Distribution Package and, at GOOFBAY`s sole discretion, any or all of the files created by you using The Goofbay Toolbar and distributed to others. 11. HIGH RISK ACTIVITIES. The Goofbay Toolbar is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of The Goofbay Toolbar could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). GOOFBAY and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and GOOFBAY. Waiver by GOOFBAY of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to The Goofbay Toolbar or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to GOOFBAY or the matters in this Agreement shall be exclusively in courts located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by GOOFBAY herein

See End User License Agreement

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