Web Gallery Wizard distribution permissions and end-user license agreement

Web Gallery Wizard
Copyright ©2004-2006, KOMOTION, Inc.

This is a license, not a sale. This product is provided under the following license which defines what you may and may not do with the product, and contains limitations on warranties and/or remedies.
By clicking on “I accept the agreement” and then the Next button or using the enclosed program, you are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement, click “I do not accept the agreement” and then click the Cancel button and the installation process will not continue.

1. License – By receiving and/or using this KOMOTION, Inc. software, Web Gallery Wizard (“Software”), you accept and agree to be bound by the following License Agreement. Subject to the terms of this Agreement, KOMOTION grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this Software in accordance with this Agreement. KOMOTION does not transfer title to this Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between KOMOTION and the purchasers or users of this Software. If you do not agree to be bound by this agreement, remove this Software from your computer now and cease to use the product.

2. Distribution – This Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. Web Gallery Wizard is distributed “as is.” No warranty of any kind is expressed or implied. Use this Software at your own risk. KOMOTION will not be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software.

3. User Agreement

3.1 Use – Each licensed copy is for personal use only and your license to use this Software is limited to the number of licenses purchased by you. For more information about purchasing additional licenses or to request license for commercial use, please e-mail us at: licensing@komotion.com.
You shall not allow others to use, copy or evaluate copies of this Software. Others may obtain a copy of this Software from: www.webgallerywizard.com.

3.2 Use Restrictions – You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Web Gallery Wizard is for personal use only. Use of the Software for commercial or business purposes is strictly prohibited.
Each licensed copy of this Software may be used on one single computer location by one user. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of this Software. The assignment, sublicense, networking, sale, or distribution of copies of this Software are strictly forbidden without the prior written consent of KOMOTION.
It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. If any person other than yourself uses Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
You may not use a previous version of the Software after you have received an upgraded version of the Software, or transfer or assign the previous version of the Software to another individual.
Removal of any proprietary notices, labels or links on the Software or any of the files generated by the Software is strictly prohibited.

3.3 Copyright Restriction – This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.
KOMOTION`s name, logo and graphics file that represents our Software shall not be used in any way to promote products developed with our Software. KOMOTION retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of KOMOTION software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for KOMOTION.

3.4 Limitation of Responsibility – You will indemnify, hold harmless, and defend KOMOTION, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of this Software.
In no event (including, without limitation, in the event of negligence) will KOMOTION, its employees, contractors, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Our entire liability, without exception, is limited to the customers` reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by KOMOTION) in exchange for uninstalling Web Gallery Wizard, which constitutes a transfer of license from the customer back to KOMOTION.

3.5 Warranties – Except as expressly stated in writing, KOMOTION makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law – This Agreement shall be governed by the laws of Washington State and the laws of the United States applicable therein except any principles regarding conflicts of laws.

3.7 Termination – Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software in your possession. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. Confidentiality – The Software contains trade secrets and proprietary know-how that belong to KOMOTION and it is being made available to you in strict confidence. Any use or disclosure of the software, or of its algorithms, protocols or interfaces, other than in strict accordance with the license agreement, may be actionable as a violation of KOMOTION trade secret rights.

5. Consent to Use of Data – You agree that KOMOTION may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Software. KOMOTION will not share or sell your information to any third parties. KOMOTION may also use this information to provide notices to you which may be of use or interest to you. You can elect to not receive any further notices from KOMOTION or Web Gallery Wizard by unsubscribing directly to any e-mail you receive.

To review the Web Gallery Wizard privacy policy, please visit www.webgallerywizard.com/Home/Privacy.htm

General Provisions
This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
This license agreement may be modified only by a writing signed by you and KOMOTION
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

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