» version 3.0 - posted on 2004-09-20
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EULA - End User License Agreement
POLESOFT LOCKSPAM END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND POLESOFT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL OR USE THE SOFTWARE.
(a) "Polesoft" means Polesoft Inc. and its suppliers and licensors, if any.
(b) "Not for Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the Polesoft Lockspam software program supplied by Polesoft herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
This EULA allows you to:
(a) Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE.
(b) Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the SOFTWARE; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the SOFTWARE may be distributed as a standalone product or included with your own product.
3. License Restrictions
(a) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(b) You may not rent, lease, or sublicense the Software.
(c) You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(f) In the event that you fail to comply with this EULA, Polesoft may terminate the license and you must destroy all copies of the Software.
The foregoing license gives you limited license to use the Software. Polesoft and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including International Copyrights, are reserved by Polesoft and its suppliers.
5. LIMITED WARRANTY AND DISCLAIMER
Polesoft reserves the rights to change the EULA without prior warning or notice.
Polesoft does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Further, Polesoft shall not be liable for the accuracy of any information provided by Polesoft or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Polesoft, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
(a) LIMITED WARRANTY. Polesoft warrants that: when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software
(b) TIME-RESTRICTED WARRANTY. Lockspam is commercial software. And Polesoft NEVER claim to charge nothing for Lockspam forever. Extended Trial Usage may terminate without notice.
(c) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, POLESOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POLESOFT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
6. LIMITATION OF LIABILITY
(a) NEITHER POLESOFT NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF POLESOFTOR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) POLESOFTS TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 US DOLLARS OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) LIMIATION OF USAGE TIME. LOCKSPAM IS COMMERCIAL SOFTWARE. AND POLESOFT NEVER CLAIM TO CHARGE NOTHING FOR ITS PRODUCT, LOCKSPAM, FOREVER. EXTENDED TRIAL USAGE MAY TERMINATE WITHOUT NOTICE.
7. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Polesoft and you. Polesoft would not be able to provide the Software on an economic basis without such limitations.
8. General Provisions
This EULA shall be governed by the international laws, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to: firstname.lastname@example.org.
9. Third Party Software
(a) Microsoft, Windows, Outlook and Internet Explorer are registered trademarks of Microsoft Corporation.
(b) Netscape is a registered trademark of Netscape Communications Corporation.
(c) Copyright (C) by Polesoft and its Licensors. All Rights Reserved.
Polesoft, the Polesoft logo, Lockspam are trademarks of Polesoft. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.