EULA (End User License Agreement) for use and distribution
SHARP IMG VIEWER 2008
These license terms are an agreement between the author (or based on where you live, one of its affiliates) and you (either an individual or a single entity). Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any the author
Internet-based services, and
for this software, unless other terms accompany those items. If so, those terms apply.
By installing, copying, or otherwise using the software, you accept these terms. If you do not agree to the terms of this EULA, do not install or use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
If you comply with this agreement, you have the rights below. All conditions stated below apply both to the product as a whole and to all of its separate components. You are granted a right to install the software product and use it on your computer operating system for which the software product was designed. The author grants the use of the software product according to one of the license types below as identified in the product title. All entities must have a separate license.
a. Trial use.
Use of the software without purchase of a License shall be limited to evaluation and testing purposes, as may be instructed in accompanying publications or documentation. You may install and use any number of copies of the product during the first 15 days after you first install the product. When this software is stored in your system's permanent or temporary memory or other storing devices, it is assumed that "you are using the software". The trial version may be freely distributed, provided that such distribution includes only the original software supplied by the author. You may not alter, delete or add any files in the distribution.
b. Licensed copy.
You are granted perpetual, non-transferable, non-exclusive, royalty-free license to install, use, access, display and run only the number of licensed copies of the product, for any legal purpose, if you have License Key, provided to you by the Licensor confirming the purchase of the license for product from the Licensor. Use of the software product by other individuals is permitted only if said other individual has been licensed to use the software product.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Consent to use of data.
You agree that the author may collect and use technical information gathered as part of the product support services provided to you, if any, related to the software. The author may use this information solely to improve product or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
b. Software transfer.
You may move the software to a different computer on your premises. After the transfer, you must completely remove the software from the former computer. You may not transfer your rights to use the software to any third party.
3. SCOPE OF LICENSE.
The software is licensed, not sold. The author retain all copyrights and other intellectual property rights in the product. This agreement only gives you some rights to use the software. The author reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. The software is engineered to allow you to use it in certain ways. Any unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. You must comply with these technical limitations. For more information about them, see the software documentation. You may not:
work around technical limitations in the software,
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation,
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation,
publish the software for others to copy without explicit reference to the copyright holder,
transfer, copy, disclose, provide or otherwise make available the information about the licensing or any registration code algorithms, or registration codes used by this software,
remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices),
rent, lease or lend the software,
use it for commercial software hosting services.
4. BACKUP COPY.
You may make backup copies of the software as may be necessary for archival purposes. You may use it only to reinstall the software.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
Without prejudice to any other rights, the license will terminate automatically and software unregistered if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Software and all of its component parts in your possession or control.
7. SUPPORT SERVICES.
The author is not required under this agreement to provide any installation, training or other services to you. Such services, if available, must be purchased separately. Should you have any questions concerning this EULA, or if you desire to contact the author for any reason, please address any questions, complaints, comments or suggestions to MikeGratsas@techemail.com or visit the Sharp IMG Viewer 2008 website.
8. ENTIRE AGREEMENT.
This agreement (including the warranty below) and any addendums or amendments to it, and the terms for supplements, updates, Internet-based services and support services, represents the entire agreement concerning the software and support services between you and the author, and it supersedes any prior or contemporaneous oral or written communication, proposal, representation, or understanding between the parties. If any provision of this EULA, or portion thereof, is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This agreement shall be construed under and governed by the laws of Lithuania, without regard to or application of its choice of law rules or principles. NOTE: The author is not licensing to you any rights with respect to Microsoft products; your use of Microsoft products is subject to your acceptance of the terms and conditions of the end user license agreement from Microsoft for the Microsoft software. The software may also contain third party software products. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.
10. LEGAL EFFECT.
THIS AGREEMENT DESCRIBES CERTAIN LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER THE LAWS OF YOUR STATE OR COUNTRY. YOU MAY ALSO HAVE RIGHTS WITH RESPECT TO THE PARTY FROM WHOM YOU ACQUIRED THE SOFTWARE. THIS AGREEMENT DOES NOT CHANGE YOUR RIGHTS UNDER THE LAWS OF YOUR STATE OR COUNTRY IF THE LAWS OF YOUR STATE OR COUNTRY DO NOT PERMIT IT TO DO SO.
11. DISCLAIMER OF WARRANTY.
The software is licensed “as-is” and with all faults. The author gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, the author excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk arising out of use or performance of the software product remains with you.
12. LIMITATION ON AND EXCLUSION OF DAMAGES.
You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs).
This limitation applies to:
anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if the author knew or should have known about the possibility of the damages.