TrayDay distribution permissions and end-user license agreement
TrayDay is distributed as a "shareware program", which indicates that it is provided at no charge to you for evaluation purposes only, and that you may distribute it freely, on the terms and conditions stated herein. BY COMPLETING INSTALLATION OF THE KEYTEXT PROGRAM YOU AGREE WITH MJMSOFT DESIGN LIMITED TO BE BOUND BY THE TERMS OF THIS LICENCE WHICH WILL GOVERN YOUR USE OF THE TRAYDAY PROGRAM. If you find TrayDay useful and that you are using it and continue to use it after 30 days of use, you must pay a registration fee to the Company of the amount specified on the MJMSoft Design www site.
The "Company" means MJMSoft Design Limited, a company incorporated in the United Kingdom under the laws of Scotland and registered under the Companies Act 1985 (registered number 183702) and having its registered office at 56 Kingsknowe Drive, Edinburgh, EH14 2JX, United Kingdom.The "Software" means the TrayDay program, being the program available by accessing the attached files and available for use on the Windows 95, 98, ME, NT4, 2000, XP or Vista operating systems, and any future version 7 releases of the Software. The "Unlock Code" is a series of characters supplied by the company which will allow the registered user continued use of the Software, with full use of all its features.
2.1 Completion of the installation of the Software licences you to use the Software personally on one or more computers for evaluation purposes only. The Licence is transferable in terms of Clause 7 and will terminate at the end of 30 days of use subject to payment of the registration fee and completion of the registration process.
2.2 Payment of the registration fee and completion of the registration process will automatically continue the term of the Licence. This Licence will permit the registered user to use the software on one or two computers. If it is intended that more than one person will use the Software they must register separately with the Company and make payment of the registration fee. If it is intended that the Software will be used on more than two computers at one time you should contact the Company to obtain the appropriate Licence.
2.3 This Licence covers this release and any future version 7 release of the Software.
This Licence as extended pursuant to clause 2.2 of this Licence is effective until terminated by destruction of the Software and all associated documentation together with all copies of the Software. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Software and all documentation including any Software stored on the hard disk of any computer under your control.
The Company warrants that the Software will perform substantially in accordance with the description contained in the file readme.txt accompanying the Software (provided that the Software is properly used on the the operating system for which it is designed) and that the description correctly describes the operation of the Software in all material respects. Notwithstanding the generality of the foregoing, the Company will not be liable to you for any loss or damage of any kind arising out of the disclosure of data stored by the Software.
THE EXPRESS TERMS OF THIS LICENCE ARE IN LIEU OF ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS APPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE CORRECTLY IN THOSE SITUATIONS DESCRIBED IN THE "KNOWN LIMITATIONS" SECTION OF THE HELP FILE, WHICH IS HEREBY INCORPORATED BY REFERENCE.
YOU SHALL LOAD AND USE THE SOFTWARE AT YOUR OWN RISK AND IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM THE COMPANY'S NEGLIGENCE) INCLUDING LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ERRORS OR DEFICIENCIES IN IT WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE EXCEPT AS EXPRESSLY PROVIDED HEREIN. IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE REGISTRATION FEE PAID BY YOU FOR THE SOFTWARE. The provisions for technical support in Clause 6 and/or repayment of the registration fee represents your sole remedies for any breach of the Company's warranties, which are given to the registered user.
5. MILLENIUM COMPLIANCE
The Company has tested the Software for Year 2000 compliance, and has encountered no problems. Date logic is not used for counting the 28-day evaluation period; instead the Software counts the number of distinct days on which the Software is used. The current date is supplied by the Windows operating system, and the calendar is unaffected by the Year 2000 boundary. The Software's ability to type a date or copy it to the clipboard uses long date formats, which are unaffected by the 2000 boundary. The Company has tested various scenarios, including installation within 28 days of 1/1/2000, and has found no abnormalities. Other than as provided in this Clause 5 the Company provides no warranties in relation to Year 2000 compliance and your remedies for any such failure of the Software shall be limited to the remedies set out in Clause 4 of this Licence.
The Company will provide free technical support in relation to the Software by mail or e-mail, which support is limited to advice and assistance relating to the installation and operation of the Software itself, and shall be provided for a period of 30 days, or 90 days if registered, from the date on which you make your first request to the Company for support. If you are experiencing difficulties in operating the Software you should refer to the Help file or, where appropriate, to the user manual for your operating system or to your IT department.
All title and copyright in and to the Software and any copies thereof are owned by the Company and the Company shall at all times retain ownership of the Software. You must maintain all copyright notices on all copies of the Software.
You are permitted to transfer the Software and the benefit of this Licence to another person provided that he has agreed to accept all the terms of this Licence and you contemporaneously transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then the Licence to the transferee shall automatically terminate. The transferee must register their details with the Company in order to obtain the benefit of the Licence.
Except as expressly permitted by this Licence and save to the extent and in the circumstances required to be permitted by law you may not rent, lease, sub-licence, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software. You must comply with all applicable local laws regarding the use of the Software.
You may distribute the unregistered version of the Software freely, provided you do not receive any direct payment for such distribution, and you include all the files in the original distribution.
Any distribution may only be made subject to the terms of this Licence and any person receiving the Software must accept the terms of this Licence prior to completion of installation of the Software.
All rights not expressly granted herein are reserved to the Company.
12. ENTIRE AGREEMENT
This Licence supersedes any and all prior proposals, arrangements, understandings, agreements, whether oral or written, and any other communications between you and the Company relating to the Software.
13. GOVERNING LAW
This Licence shall be governed by and construed in accordance with the Laws of Scotland and the parties hereby prorogate the jurisdiction of the Scottish courts.
You may distribute the evaulation version of the Software freely, provided you do not receive any direct payment for such distribution, and you include all the files in the original distribution.
Any distribution may only be made subject to the terms of the Licence below, and any person receiving the Software must accept the terms of this Licence prior to completion of installation of the Software.