PC Chaperone distribution permissions and end-user license agreement
End User License Agreement (EULA) for PC Chaperone
BY SELECTING THE "I ACCEPT...` OPTION, OR INSTALLING OR USING PC CHAPERONE SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE OPTION INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
1. The "PRODUCT" is defined as the software (PC Chaperone and all related documentation)
2 The "LICENSOR" is defined as the provider of the software, in this case Precipice Software
3. The "LICENSEE" is defined as an individual or entity using the PRODUCT
PC CHAPERONE LICENSE AGREEMENT
1. LICENSE GRANT. LICENSOR grants LICENSEE a non-exclusive and non-transferable license to install the PRODUCT on one computer. The LICENSEE may transfer the PRODUCT to another computer, provided that the PRODUCT is first removed from the original computer. At no time shall the PRODUCT be installed on more than one computer at one time unless a separate license is purchased for each computer.
2. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the PRODUCT shall remain with the LICENSOR. LICENSEE acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with LICENSOR ownership of or rights with respect to the PRODUCT. The PRODUCT is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the PRODUCT is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives LICENSEE no rights to such content.
3. The LICENSEE may not modify, translate, reverse engineer, decompile, or disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions) the PRODUCT, in whole or in part.
4. The LICENSEE may not rent, lease, grant a security interest in, or otherwise transfer rights to the PRODUCT or remove any proprietary notices or labels on the PRODUCT.
5. TERMINATION. Without prejudice to any other rights, LICENSOR may terminate this Agreement if LICENSEE breaches any of its terms and conditions. Upon termination, LICENSEE shall destroy all copies of the PRODUCT.
6. All persons or entities wishing to review and evaluate the PRODUCT for the purposes of making the resulting conclusions available to the general public may do so only if prior permission is secured from the LICENSOR. This includes, but is not limited to, reviews and evaluations that will be transmitted via print media, radio, TV, and Internet. LICENSOR retains the right to deny such permission to any individual or entity with or without any stated reason. LICENSEE `s failure to comply with this condition will be considered a violation of this license agreement. LICENSEE, who will have agreed to the terms of the license agreement by installing the PRODUCT, agrees that LICENSEE will be liable for any damages to reputation resulting from any violation of this condition to LICENSOR, and that such liability will not be limited to direct or indirect financial loss.
7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THE LICENSOR ALSO MAKES NO GUARANTEE THE PRODUCT WILL NOT ADVERSLY AFFECT ANY COMPUTER IT IS INSTALLED ON, OR ANY SOFTWARE, EITHER SUPPLIED BY THE LICENSOR OR ANOTHER PARTY, THAT IS A ALSO INSTALLED ON THE COMPUTER. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY LICENSOR UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
The trial version of PC Chaperone may be freely distributed provided it is in original and unmodified condition and is the current version offered. PC Chaperone may not be included in any commercial package without permission. It may be distributed when included with other "shareware" programs that are distributed for the sole purpose of providing a trial copy to customers and the cost of the distribution does not exceed the costs associated with the distribution of the medium.