HandyAvi distribution permissions and end-user license agreement
Anderson's AZcendant Software, LLC.
END-USER LICENSE AGREEMENT
This product is licensed under US and International Copyright and other Intellectual Property laws. Specific copyright notices are listed in the product About box.
IMPORTANT-READ CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ANDERSON’S AZCENDANT SOFTWARE, LLC. ("AZCENDANT"), AN ARIZONA LIMITED LIABILITY CORPORATION, FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH INCLUDES COMPUTER SOFTWARE AND RELATED DOCUMENTATION. BY CLICKING ON THE "YES" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, AZCENDANT IS UNWILLING TO GRANT YOU THIS LICENSE AND YOU SHOULD CLICK ON THE "NO" BUTTON, IN WHICH CASE: (1) IF YOU RECEIVED THIS SOFTWARE ON CD-ROM, WITHIN THIRTY (30) DAYS OF PURCHASE, YOU MAY RETURN THE UNUSED SOFTWARE PRODUCT TO THE LOCATION WHERE YOU OBTAINED IT FOR A REFUND, WHICH MAY BE SUBJECT TO A RESTOCKING FEE; OR (2) IF YOU RECEIVED THIS SOFTWARE VIA DOWNLOAD FROM AN INTERNET WEB SITE, THEN YOU MUST DELETE ALL OF THE DOWNLOADED FILES AND YOU MAY OBTAIN A REFUND IN ACCORDANCE WITH THE REFUND POLICY OF SUCH INTERNET WEB SITE.
LICENSE GRANT: Subject to the terms and conditions of this Agreement, Anderson's AZcendant Software, LLC., whose address is 1895 East Auburn Drive, Tempe, AZ 85283 USA, ("AZcendant") hereby grants to you a personal, non-exclusive license (a "License") to use the software product identified above (the "Software") and the accompanying printed materials (the "Documentation") on the terms set forth below. AZcendant reserves all rights to the Software and Documentation not expressly granted to you.
1. SCOPE OF LICENSE. THIS LICENSE GRANTS YOU THE FOLLOWING RIGHTS:
* Software. The Software is provided under a single-user license. A single individual may use the software on a single computer. You may also install a copy for that same individual's exclusive use on either a home or portable computer. A License for the Software may not be shared by multiple individuals on a single computer or used concurrently on different computers.
* Storage/Network Use. You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software over an internal network; however, you must acquire and dedicate a license for each individual who will use the Software. If the Software is installed on a network server or other system that physically allows shared access to the Software, you agree to provide technical or procedural methods to prevent use of the Software by individuals not specifically licensed to use the Software pursuant to this Agreement.
* Support. Information regarding support of this product is located within the Support section of AZcendant's Internet web site at www.AZcendant.com. * Subject to any limitations provided by this Agreement, you may freely distribute copies of files generated with the Software.
* Reverse Engineering. You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restrictions) or create derivative works based on the Software or Documentation, or any portion thereof.
* Copying. You may not copy the Software or Documentation except as specifically provided by this Agreement.
* Separation of Components. The Software is licensed as a single product. You may not separate the Software's component parts for use on more than one computer.
* Transfer. You may not rent, lease, lend or otherwise temporarily transfer the Software or Documentation, but you may transfer the software and documentation together on a permanent basis provided you retain no copies and the recipient agrees to the terms of this End-User License Agreement
* Proprietary Notices. You may not remove any proprietary notices, labels or marks on the Software or Documentation.
* Upgrades. If this version of the Software is an upgrade from another version or other product, this upgrade License supersedes and replaces any previous License. You may use the Software only in conjunction with the upgraded product, unless you destroy the upgraded product.
* Use of AZcendant's Name. You may not use AZcendant's or AZcendant's suppliers' name, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except as is necessary to affix the appropriate copyright or other proprietary notices as required herein.
All title, ownership rights, and intellectual property rights in and to the Software and Documentation and any copies thereof are vested in and shall remain in AZcendant and/or its suppliers. The Software and the Documentation is protected by the copyright laws and other intellectual property laws of the United States and international treaties.
The License is in effect until terminated. You may terminate this License by ceasing any use of the Software and Documentation, and deleting or otherwise destroying the Software and Documentation. The License will terminate immediately and automatically if you breach any of the terms of this Agreement or otherwise fail to comply with the limitations described herein. If you received this License as part of any AZcendant Beta program, then this License will terminate upon the first public announcement by AZcendant that the commercial release of the Software is available, and you will be required to obtain a license for the commercial version of the Software. On any termination, you must destroy all copies of the Software and Documentation. Sections 2, 3, 8 and 9 shall survive any termination of this Agreement.
5. EXPORT CONTROLS.
6. LIMITED WARRANTY.
AZcendant warrants that the media containing the Software, if such media is provided by AZcendant, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. AZcendant's sole liability, and your sole and exclusive remedy, for any breach of this warranty shall be, in AZcendant's sole discretion: (i) to replace your defective media; or (ii) if the above remedy is impracticable, to refund the License fee you paid for the Software. Replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software. Only if you inform AZcendant of such defect with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will AZcendant be obligated to honor this warranty. AZcendant will use commercially reasonable efforts to replace or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY AZcendant. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND AZcendant MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. NO AZcendant AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modification is made to the Software or Documentation by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be voided. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AZCENDANT OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION EVEN IF AZcendant SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AZcendant, ITS SUPPLIERS AND RESELLERS UNDER THIS AGREEMENT EXCEED AZCENDANT 'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior or contemporaneous agreements and representations between them with respect to the subject matter. This Agreement may be amended only in a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER, AND SUCH PURCHASE ORDER TERMS SHALL HAVE NO EFFECT ON THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement shall nonetheless remain in full force and effect. This agreement shall be deemed entered into the state of Arizona. The laws and judicial decisions of Maricopa County, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
The trial version of HandyAvi can be freely distributed over the internet in an unchanged form.