Innovatools What`s On My Computer distribution permissions and end-user license agreement

INNOVATOOLS END USER LICENSE AGREEMENT

Software License Agreement for Innovatools What`s On My Computer

IMPORTANT - PLEASE READ CAREFULLY

USING THIS SOFTWARE: THIS LICENSE AGREEMENT FOR INNOVATOOLS WHAT`S ON MY COMPUTER ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND INNOVATOOLS FOR THE INNOVATOOLS WHAT`S ON MY COMPUTER SOFTWARE ("SOFTWARE"). THIS LICENSE AGREEMENT FOR INNOVATOOLS WHAT`S ON MY COMPUTER SUPERSEDES PREVIOUS VERSIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. GRANT OF LICENSE: Subject to the following terms, INNOVATOOLS, INC. ("INNOVATOOLS") hereby grants you a non-exclusive, non-transferable license to: (i) install the Innovatools What`s On My Computer software ("Software"), (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes:

a) for an evaluation period of thirty (30) days (the "Evaluation Period") from the date you first install the Software on a royalty-free basis. In the event that you purchase a license to the Software prior to the expiration of the Evaluation Period, your license will continue perpetually. If you do not purchase a license to the Software prior to the expiration of the Evaluation Period, the Software will become inoperable and automatically expire at the end of your Evaluation Period at which time you shall uninstall all copied portions of the Software.

b) perpetually, if you elect to purchase or have already purchased a license, and you may use the Software on the number of computers for which you have paid license fees.

2. LICENSE RESTRICTIONS: You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any such forbidden use shall immediately terminate your license to the Software.

3. TITLE: You agree that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Innovatools. The Software is protected by copyright and patent laws of the United States and international treaties.

4. UPDATES: A minor revision or upgrade is any new release of the Software having the same major version number and a different minor or build version number. You are entitled to download an unlimited number of minor revisions or upgrades to the Software when and as Innovatools publishes it via its website or through other online services (i.e. if you purchase version 2.0 of the Software, you are entitled to download all 2.x versions of the Software; you have no further rights to receive version 3.0 of the Software without purchase of a new license).

5. TECHNICAL SUPPORT: In the event that you purchase a license, technical support for the Software, as made available by Innovatools, is described online at http://www.innovatools.com/support/

6. DISCLAIMER OF WARRANTY: The Software is provided to you at minimal or no charge. ACCORDINGLY, YOU AGREE THAT INNOVATOOLS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. INNOVATOOLS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. INNOVATOOLS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.

7. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL INNOVATOOLS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE INNOVATOOLS SOFTWARE, EVEN IF INNOVATOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INNOVATOOLS` LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE INNOVATOOLS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

8. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. This Agreement shall terminate if you do not purchase a license to the Software prior to the expiration of the Evaluation Period. No notice shall be required from Innovatools to effect such termination. You may also terminate this License Agreement at any time by notifying Innovatools in writing of termination. Upon any termination of this License Agreement, you must uninstall all copies of the Software.

9. MISCELLANEOUS:

Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

Export. You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate licenses.

Governing Law. This agreement shall be governed by the laws of Romania, excluding the application of its conflicts of law rules, and shall inure to the benefit of Innovatools 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 COURT of competent jurisdiction located in Romania. 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. You agree that this is the entire agreement between you and Innovatools, and that it supersedes any prior agreement, whether written or oral, and all other communications between Innovatools and you relating to the subject matter of this Agreement.

Reservation of rights. All rights not expressly granted in this Agreement are reserved by Innovatools.

Copyright (C) 2000-2006 Innovatools, Inc. All rights reserved. Innovatools and What`s On My Computer are trademarks of Innovatools, Inc.

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