ShutDownOne distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR DIMAWARE SOFTWARE
IMPORTANT - READ CAREFULLY: This DimaWare End-User License
Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and DimaWare for the ShutDownOne
software product, which includes computer software and may
include associated media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT"). By installing,
copying, downloading, accessing, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this EULA. If you
do not agree to the terms of this EULA, do not install or use the
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Applications Software. You may install, use, access, display, run,
or otherwise interact with ("RUN") one copy of the SOFTWARE
PRODUCT on a single computer, workstation, terminal or other
digital electronic device ("COMPUTER")
(A) for an evaluation period of 30 days (the
"EVALUATION PERIOD") from the date you first install the
SOFTWARE PRODUCT 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 PRODUCT prior to the expiration of the
EVALUATION PERIOD, the SOFTWARE PRODUCT 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 PRODUCT.
(B) perpetually, if you elect to purchase or have already
purchased a license, and you may use the SOFTWARE
PRODUCT on the number of computers for which you have
paid license fees.
* Storage/Network Use. You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server,
used only to RUN the SOFTWARE PRODUCT on your other
COMPUTERS over an internal network; however, you must acquire
and dedicate a license for each separate COMPUTER on which the
SOFTWARE PRODUCT is RUN from the storage device. A license for
the SOFTWARE PRODUCT may not be shared or used concurrently
on different COMPUTERS.
* License Pack. If this package is a DimaWare License Pack, you may
RUN additional copies of the computer software portion of the
SOFTWARE PRODUCT up to the number of copies specified above as
"Licensed Copies." You are also entitled to make a corresponding
number of secondary copies for portable computer use as specified
* Reservation of Rights. All rights not expressly granted are reserved
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Not for Resale Software. Your use of the SOFTWARE PRODUCT is
limited to use for demonstration, test, or evaluation purposes and
you may not resell, or otherwise transfer for value, the SOFTWARE
* Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed
as a single product. Its component parts may not be separated for
use on more than one COMPUTER.
* Trademarks. This EULA does not grant you any rights in connection
with any trademarks or service marks of DimaWare.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Software Transfer. The initial licensee of the SOFTWARE PRODUCT
may make a one-time permanent transfer of this EULA and
SOFTWARE PRODUCT only directly to an end user. Such transfer
may not be by way of consignment or any other indirect transfer.
The transferee of such one-time transfer must agree to comply with
the terms of this EULA, including the obligation not to further transfer
this EULA and SOFTWARE PRODUCT.
* Termination. Without prejudice to any other rights, DimaWare may
terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all copies of
the SOFTWARE PRODUCT and all of its component parts.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be
properly licensed to use a product identified by DimaWare as being
eligible for the upgrade in order to use the SOFTWARE PRODUCT.
A SOFTWARE PRODUCT labeled as an upgrade replaces and/or
supplements (and may disable) the product that formed the basis for
your eligibility for the upgrade. You may use the resulting upgraded
product only in accordance with the terms of this EULA.
All title and copyrights in and to the SOFTWARE PRODUCT (including
but not limited to any images, photographs, animations, video, audio,
music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of
the SOFTWARE PRODUCT are owned by DimaWare or its suppliers.
All title and intellectual property rights in and to the content that may
be accessed through use of the SOFTWARE PRODUCT is the property
of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA
grants you no rights to use such content. If this SOFTWARE
PRODUCT contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation. You
may not copy the printed materials accompanying the SOFTWARE
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one
medium. Regardless of the type or size of medium you receive, you
may use only one medium that is appropriate for your single
COMPUTER. You may not RUN the other medium on another
COMPUTER. You may not loan, rent, lease, or otherwise transfer the
other medium to another user, except as part of the permanent
transfer (as provided above) of the SOFTWARE PRODUCT.
6. TECHNICAL SUPPORT.
Technical support via email is made available to registered, licensed
users for one month from the date of purchase.
7. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant
to this EULA, you may keep the original media on which the
SOFTWARE PRODUCT was provided by DimaWare solely for backup
or archival purposes. Except as expressly provided in this EULA, you
may not otherwise make copies of the SOFTWARE PRODUCT or the
printed materials accompanying the SOFTWARE PRODUCT.
8. EXPORT RESTRICTIONS.
This SOFTWARE PRODUCT has been classified by the US Government
as exportable under License Exception TSU. Therefore the following
terms apply: You agree that you will not export or re-export the
SOFTWARE PRODUCT, any part thereof, or any process or service
that is the direct product of the SOFTWARE PRODUCT (the foregoing
collectively referred to as the "Restricted Components"), to any
country, person or entity subject to U.S. export restrictions. You
specifically agree not to export or re-export any of the Restricted
(i) to any country to which the U.S. has embargoed or restricted the
export of goods or services, which currently include, but are not
necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan
and Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the Restricted Components back
to such country;
(ii) to any person or entity who you know or have reason to know
will utilize the Restricted Components in the design, development or
production of nuclear, chemical or biological weapons; or
(iii) to any person or entity who has been prohibited from participating
in U.S. export transactions by any federal agency of the U.S.
government. You warrant and represent that neither the BXA nor any
other U.S. federal agency has suspended, revoked or denied your
LIMITATION OF LIABILITY: You must assume the entire risk of using
the SOFTWARE PRODUCT. IN NO EVENT SHALL DimaWare 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
DimaWare SOFTWARE PRODUCT, EVEN IF DimaWare HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL DimaWare`s 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 PRODUCT WAS PROVIDED TO YOU AT NO
CHARGE YOU AGREE DimaWare SHALL NOT BE LIABLE TO YOU FOR
ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF
PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
You agree that this is the entire agreement between you and
DimaWare, and that it supersedes any prior agreement, whether
written or oral, and all other communications between DimaWare
and you relating to the subject matter of this Agreement.