Peacock Color Picker distribution permissions and end-user license agreement
Reohix products are not sold; rather, copies of reohix products, including LoadStreet branded products, are licensed all the way through the distribution channel to the end user. Unless you have another agreement directly with reohix that controls and alters your use or distribution of the reohix products, the terms and conditions of the applicable license agreements below apply to you. Please read the agreements applicable for the products you want to use.
1. Grant Of License: Reohix Ltd grants you a single, non-exclusive license to use the software provided you agree to abide by the terms of this agreement. Only one user is authorized to use the software on one computer at a time (and not by more than one individual via a network).
2. Other Restrictions: You acknowledge that you do not become the owner of the software (software, programs and/or documentation). You agree not to transfer, rent, lease, sub-license, reverse engineer, modify, translate, or share the software, diskettes, or manual with any other person or firm.
3. Limited Warranty: While we have attempted to ensure the reliability of the software, Reohix Ltd cannot assume any liability for damage that occurs because of usage of this program, whether or not in accordance with the instructions or specifications. It is not possible to guarantee the program's performance under all circumstances, at all times, with all hardware and software configurations, and with any user data, programs, or series of commands. Reohix ltd warrants the diskette media and manual to be free from defects in materials or manufacture for a period of 30 days from your receipt. When you open this package or use the software you indicate you accept this as the only warranty. You agree that regardless of the form of any claim, Reohix Ltd liability for any damages or loss to you or anyone else shall not exceed the price paid for use of the program. No other warranties. Except for the warranty described in the above paragraph, there are no warranties expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly and specifically disclaimed.
4. No Liability For Incidental Or Consequential Damages: In no event shall Reohix Ltd or its suppliers, if any, be responsible for any special, incidental or consequential damages whatsoever (including, without limitation, damages for lost profits, business interruption, loss of information, or any other loss) arising out of the use or the inability to use this product, even if Reohix Ltd has been advised of the possibility of such damage. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to be bound by the terms of this software distribution agreement, and the products end user license agreement by distributing, copying, or otherwise using the product.
1. General: This Software Distribution Agreement (“SDA”) is a legal agreement between you (either an individual or a single entity) and Reohix Ltd. (“Reohix Ltd.”, “we”, “us” or “our”) for all Reohix Ltd. products and services, which includes computer software and may include associated media, printed materials, and online or electronic documentation (Product).
2. License Grant: Subject to your agreement and compliance with the terms and conditions of this SDA, Reohix Ltd. grants to you a limited, personal, non-exclusive, non-transferable and revocable license (without the right to sublicense) to copy and distribute exact copies of the installer for the Product in either .exe, .msi, .rar or .zip format via tangible media, e-mail, or public Internet website. For purposes of the foregoing, the term “exact copy” means a file that is identical at the time you create the copy to the Reohix Ltd. installer for the Product available at http://www.reohix.com, in its unaltered form with all files included unmodified, without any additional, new or renamed files or elements (in whole or in part).
3. Storage: You may store the Product installer in either .EXE, .MSI, .RAR or .ZIP format on your servers for the sole purpose of distribution as outlined in this agreement.
4. Reservation Of Rights: Reohix Ltd. reserves all rights not expressly granted to you in this SDA.
5. Scope Of Distribution: You may distribute the freeware or shareware versions of the Product via Website, Magazine, Book, or CD with no further permission from Reohix Ltd, as long as we are informed of this distribution. Any other methods of distribution must be approved in writing. You must not distribute the Product under any other name or representation.
6. Termination: Without prejudice to any other rights, Reohix Ltd. may cancel this SDA if you do not abide by the terms and conditions of this SDA, in which case you must destroy all copies of the Product and all of its component parts.
7. Consent To Use Of Data: You agree that Reohix Ltd. and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Reohix Ltd. agrees not to use this information in a form that personally identifies you.
8. Limitation Of Liability: You understand, acknowledge and agree that to the fullest extent permissible by law, neither reohix ltd. Nor its parent, subsidiaries, affiliates, their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors shall, under any circumstances, be responsible or liable for any claim, loss or damage, of any kind, direct or indirect, including, without limitation, any and all compensatory, consequential, incidental, direct, indirect, special, exemplary or punitive damages, in connection with or arising from any distribution or use of the software or otherwise in connection with this SDA.
9. Governing Law And Interpretation: This SDA and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of Malta applicable to contracts wholly made and to be performed within Malta. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of Malta. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Malta is an inconvenient forum. No amendment, modification, waiver or discharge of any provision of this SDA shall be valid unless made in writing and signed by an authorized representative of Reohix Ltd. No failure or delay by Reohix Ltd. to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by Reohix Ltd. If any provision of this SDA is held to be illegal, invalid or unenforceable, the remaining provisions of this SDA shall be unimpaired and remain in full force and effect.
10. Entire Agreement: This SDA (including any addendum or amendment to this SDA which is included with the Product) are the entire agreement between you and Reohix Ltd. relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this SDA. To the extent the terms of any Reohix Ltd. policies or programs for support services conflict with the terms of this SDA, the terms of this SDA shall control.
11. Copyright And Intellectual Property: Reohix Ltd. products and services, including but not limited to our Software, Books, PDFs, and Web Services, are protected by copyright and other intellectual property laws and treaties. Reohix Ltd. directly or indirectly owns all right, title and interest in and to those products and services including, without limitation, all intellectual and proprietary rights appurtenant thereto, and nothing in this SDA shall be construed to transfer, convey, impair or otherwise adversely affect Reohix Ltd.’s ownership or proprietary rights therein or any other Reohix Ltd. information or materials, tangible or intangible, in any form and in any medium.