[CoMoDev] Re: EULA examples?
- From: "Pete Schofield" <pete.schofield@xxxxxxxxxxxxx>
- To: <comodev@xxxxxxxxxxxxx>
- Date: Tue, 15 Feb 2005 09:27:34 -0700
This is the one I use for my PocketBooks product.
Pete
PGSoft
==================================================
Software is defined as the PGSoft computer program with which this Software
License Agreement is included and any updates or maintenance releases
thereto. The use by You of any services or content accessible through the
Software may be subject to your acceptance of separate agreements with
PGSoft or third parties. This Agreement applies to the: (i) trial; and (ii)
full versions of the Software. Do not use the Software until you have
carefully read the following Agreement. This Agreement sets forth the terms
and conditions for licensing of the Software from PGSoft to you, and
installing and using the Software indicates that you have read and
understand this Agreement and accept its terms and conditions. If you
purchased the Software from a retail store or directly from PGSoft or other
PGSoft-authorized distribution channel, and do not agree with this
Agreement, promptly return the Software and accompanying items to the place
of purchase, or as provided below, within thirty (30) days of purchase with
a dated receipt for a full refund.
License and Certain Restrictions
Trial Versions
If this Agreement is included with the trial version of the Software, you
are granted a limited non-exclusive license to use a copy of the enclosed
Software for the purpose of evaluation with the intent of purchase for up to
fourteen (14) days. Thereafter, you may purchase the right to use the
appropriate full version of the Software which license terms are specified
below, by contacting PGSoft or your retailer. You may not copy the printed
materials accompanying the Software if any, or print multiple copies of any
user documentation. BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU
UNDERSTAND AND AGREE THAT AFTER FOURTEEN DAYS (14) YOU MAY NOT CONTINUE TO
ACCESS AND/OR USE THE SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH
SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF THE SOFTWARE.
Full Version - Single-User License
If you purchased the full version of the Software with a single-user
license, you are granted a limited non-exclusive license to: (i) use one
(1) copy of the enclosed Software on up to one (1) computer used by one (1)
individual (who is an owner, employee or contractor); (ii) place a copy of
your company's Software data file on a network for use by such individual;
and (iii) print one (1) copy of any online user documentation located in
the Software. Registration of the Software with PGSoft in accordance with
PGSoft's then-current privacy policies is required.
Full Version - Multi-User License
If you purchased the full version of the Software with a multi-user license,
you are granted a limited non-exclusive license to: (i) use copies of the
enclosed Software on up to five (5) computer(s) used by up to a total of
five (5) individuals (who are your owners, employees or contractors) on all
such computers; (ii) place a copy of your company's Software data file on a
network for use by such individuals; and (iii) make up to four (4)
additional copies of the printed materials accompanying the Software if
any, and/ or print up to five (5) copies of any online user documentation
located in the Software. Registration of the Software with PGSoft in
accordance with PGSoft's then-current privacy policies is required.
General
You may use the Palm applications included with the Software on all Palm OS
devices used in your business by owners, employees, or contractors.
Making additional copies of the Software, apart from the Palm applications,
or enabling others to use your registration code(s) or serial number(s), if
any, is strictly prohibited. It is also prohibited to give copies to a
person who has not purchased the appropriate license for the Software from
PGSoft; to install the Software on computers used by individuals who have
not purchased the appropriate licenses for the Software from PGSoft; or to
duplicate the Software by any other means including electronic
transmission. The Software in its entirety is protected by the copyright
laws. The Software also contains PGSoft trade secrets, and you may not
decompile, reverse engineer, disassemble, or otherwise reduce the Software
to human-perceivable form or disable any functionality which limits the use
of the Software. You may not modify, adapt, translate, rent or sublicense
(including offering the Software to third parties on an applications service
provider or time-sharing basis), assign, loan, resell for profit, or
distribute the Software, disk(s), or related materials or create derivative
works based upon the Software or any part thereof.
Termination
This Agreement may be terminated by PGSoft immediately and without notice if
you fail to comply with any term or condition of this Agreement. Upon such
termination, you must immediately destroy all complete and partial copies of
the Software, including all backup copies. From time to time, PGSoft may
change the terms and conditions of this Agreement. PGSoft will notify you
of any such change. For the latest version of this Agreement, go to
www.pgsoftinc.com, or such other site designated by PGSoft. Your continued
use of this Software will indicate your agreement to the change.
Satisfaction Guaranteed
If you are not 100% satisfied with this Software, PGSoft's entire liability
and your exclusive remedy shall be either: (a) if you purchased the
Software through a retail store or directly from PGSoft or other
PGSoft-authorized distribution channel, (1) return of the Software within
thirty (30) days of purchase to the store where purchased with a dated
receipt for a full refund (If the store is unable to issue a refund, then
return the Software with a dated receipt within thirty (30) days of
purchase to PGSoft; or (2) return the Software within thirty (30) days of
purchase, with a dated receipt to PGSoft for replacement of defective
disks. If the disks are defective and you would like replacement disks while
this version is still commercially available after thirty (30) days from
date of purchase, you may obtain a replacement by sending your defective
disks and a check for fifteen dollars ($15.00), plus applicable tax, to
PGSoft. For all orders shipped within the U.S., please add all applicable
state and local sales tax as well as tax on shipping and handling based on
your shipping address; (b) if you obtained the Software by downloading it
on your computer, and the Software did not install properly, contact PGSoft
support.
DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT
ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, PGSOFT DISCLAIMS ALL OTHER
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS
SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT,
INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR
SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PGSOFT DOES NOT
WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM
BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PGSOFT WARRANT
ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE
SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE
DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE
SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS
WELL, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF PGSOFT AND ITS REPRESENTATIVES (AS DEFINED BELOW)
FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
SOFTWARE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, PGSOFT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE
PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF PGSOFT OR 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. SOME STATES DO NOT ALLOW THE
LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN PGSOFT AND YOU. PGSOFT WOULD NOT BE ABLE TO HAVE
PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
U.S. Government
The Software is a "commercial item," as that term is defined at 48 C.F.R.
2.101 (OCT 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (SEPT 1995) and the Department of Defense Federal Acquisition
Regulations Sections 252.227-7014 (a) (1), (5). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S.
Government End Users acquire the PocketBooks software (or Licensed Product)
with only those rights set forth herein.
Export Restrictions
You acknowledge and agree that the PGSoft Software is subject to
restrictions and controls imposed by the Export Administration Act and the
Export Administration Regulations ("the Acts"). You agree and certify that
neither the PGSoft Software nor any direct product thereof is being or will
be used for any purpose prohibited by the Acts. You agree and certify that
you are not a citizen or permanent resident of the following countries:
Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
General Provisions
This Agreement sets forth PGSoft's and its Representatives' entire liability
and your exclusive remedy with respect to the Software. You acknowledge
that this Agreement is a complete statement of the agreement between you and
PGSoft with respect to the Software, and that there are no other prior or
contemporaneous understandings, promises, representations, or descriptions
with respect to the Software.
This Agreement shall govern any services or content related to the Software,
unless such services or content are subject to a separate written agreement
between you and PGSoft or its Representatives. However, the limitations of
liability and disclaimer of warranties in this Agreement shall apply to
PGSoft and its Representatives with respect to such content or services
except to the extent provided otherwise in a separate written agreement
approved by PGSoft between you and PGSoft or the applicable
Representative(s).
This Agreement does not limit any rights that PGSoft may have under trade
secret, copyright, patent, or other laws. The Representatives of PGSoft are
not authorized to make modifications to this Agreement, or to make any
additional representations, commitments, or warranties binding on PGSoft,
other than in writing signed by an officer of PGSoft. Accordingly, such
additional statements are not binding on PGSoft and you should not rely upon
such statements. If any provision of this Agreement is invalid or
unenforceable under applicable law, then it is, to that extent, deemed
omitted and the remaining provisions will continue in full force and
effect. The validity and performance of this Agreement shall be governed by
Colorado law (without reference to choice of law principles), except as to
copyright and trademark matters, which are covered by federal laws. This
Agreement is deemed entered into at Parker, Colorado, and shall be construed
as to its fair meaning and not strictly for or against either party.
PGSoft, the PGSoft logo, PocketBooks, PB Admin, PB Account, PB Count, PB
Names, PB Trans, PB Timer, pgsoftinc.com, among others, are and/or service
marks of PGSoft Inc. in the United States and other countries. Other
parties' trademarks or service marks are the property of their respective
owners and should be treated as such.
Copyright (c) 2002 PGSoft, Inc. All rights reserved.
PGSoft, Inc.
P.O. Box 1869
Parker, CO 80134
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