SOFTWARE PRODUCT LICENSE

End User License for Graphic Workshop Professional ('the Software')

This is a legal agreement between you (either an individual or on behalf of an organization) and Alchemy Mindworks for the software identified in the title of this document. By installing, copying, or otherwise using the Software, you undertake that you have read and understood this agreement in its entirety and that you undertake to be bound by the terms of this agreement.

The lawyers made us say that.

Enable the 'I accept the terms in the license agreement' option, below, to accept the terms of this license and proceed with this installation. Click on Cancel to terminate this installation.

In the context of this agreement, the phrase “license fee” shall be agreed to mean the fee paid by you to Alchemy Mindworks for a registration key to disable the evaluation protocols of the Software. The license fee is understood to compensate Alchemy Mindworks for your use of the Software on a single computer in perpetuity. The license fee may be referred to as a “registration fee” in other contexts.

This document includes descriptions of some of its clauses, enclosed in square brackets. These are provided for your convenience, and are not to be considered part of the agreement.


1. Evaluation of the Software.
[You agree to use the unregistered software solely for evaluation.]
If you have not paid to Alchemy Mindworks the specified license fee for the Software, you undertake that you are installing it to be used solely as an evaluation copy. As an evaluation copy, you agree to only use the Software to the extent required to ascertain whether the Software is suitable for your applications. You further agree that you will do no productive work with copies of the Software for which the specified license fee has not been paid. At such time as you have concluded your evaluation of the Software, you will either pay the license fee for the software to Alchemy Mindworks or delete the Software in its entirety and any copies thereof in your possession. In the event that you use an unlicensed copy of the Software to create content which is included as part of a web page or any other publicly-accessible document, you explicitly grant to Alchemy Mindworks the non-exclusive right to use the content so created and derivative works thereof with no requirement of payment or other compensation to the copyright holder, in any manner as deemed suitable by Alchemy Mindworks, in perpetuity, this condition not being in lieu of payment of the license fee for the Software.

2. Payment of registration fee
[You agree to be certain the evaluation Software is what you need before you pay for it.]
You undertake that upon payment of the license fee for the Software, you have evaluated the Software and ascertained that it is suitable for your applications. You agree that software license fees are not refundable for any reason, and that orders for licensed software may not be cancelled or modified once they have been placed.

3. Terms of license
[Upon paying the license fee for the Software, you have the right to use it on one computer and to make and distribute all the files you wish.]
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. At such time as the license fee for the Software has been paid to Alchemy Mindworks, this agreement grants you the following rights:

a. The single, nonexclusive license to use one installed instance of the Software in perpetuity for the sole purposes specified in the documentation for the software.

b. The right to distribute files created by the Software in any manner you see fit, without payment of further royalties or fees to Alchemy Mindworks. You may be required to compensate the owners of copyrighted images or other intellectual property embodied within the files you create through the use of the software. You agree to hold Alchemy Mindworks and its suppliers free of any costs so incurred. In distributing files created by the Software, you agree to not use Alchemy Mindworks' name, logo, trade names or trademarks to market any product which the files are included in or otherwise associated with; and to indemnify, hold harmless, and defend Alchemy Mindworks and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of files created by the Software.

The portion of this license granting you the use of the Software shall be considered null and void upon violation of any terms of this agreement.

This license pertains only to the version of the Software with which this agreement was distributed.

4. Reverse engineering
[You agree not to try to take the Software apart to see how it works.]
You agree not to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree and understand that any attempt to circumvent or disable the security and/or the registration key and/or licensing protocols of the Software shall be deemed to be a criminal violation of the intellectual property rights and/or copyrights of Alchemy Mindworks and/or its suppliers, and shall upon conviction be punishable by severe civil and criminal penalties.

5. Separation of components.
[You agree not to run the parts of the Software on different machines.]
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.

6. Rental and distribution
[You agree not to lend or rent the registered Software, and to only share unmodified copies of the evaluation software.]
You agree not to rent, lease, or lend registered copies of the software. You may distribute complete and unmodified copies of the evaluation Software distribution archive, under the conditions that no attempt is made to modify the Software or its distribution archive; that the Software is not distributed in conjunction with another product unless you have obtained written and explicit permission from Alchemy Mindworks to do so; that no more than the reasonable cost of media and labor be charged for the distribution of the Software as an evaluation copy or 'shareware'; that the Software be clearly identified as evaluation software or 'shareware'; that no form of registration code or software to generate same be distributed in conjunction with the Software.

7. Support services.
[You agree that Alchemy Mindworks is not required to provide you with support for the Software.]
You agree that Alchemy Mindworks does not undertake to support the Software, and that the license fee for the Software does not include payment for support of any kind. Alchemy Mindworks may at its discretion provide you with support services related to the Software.

8. Upgrades
[You understand that upgrades are not included in the registration fee for the Software.]
You agree that the license fee for the Software does not include payment for any upgrades to the Software. Alchemy Mindworks may, at its discretion, provide upgrades at no cost or in compliance with an upgrade fee schedule. Any upgrades to the Software shall carry the same license terms as this installation unless they are superceded by a newer license agreement.

9. Copyright
[You understand that the Software is a copyrighted entity, subject to all applicable copyright laws.]
You agree that all title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the software or distributed in conjunction with the Software), the accompanying printed materials, and any copies of the Software are owned by Alchemy Mindworks and/or its suppliers. The Software is protected by copyright laws and international treaty provisions.

10. Warrantee
[Alchemy Mindworks does not accept responsibility for any expense caused by your use of the Software.]
Alchemy Mindworks makes no warrantee as to the functionality or suitability of the Software. You agree to accept sole and complete responsibility for any loss, damage or expense caused to you or to third parties as a result of your use of the Software, and to indemnify, hold harmless, and defend Alchemy Mindworks and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use of the Software.

This agreement is governed by the laws of the province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. This Agreement (plus any related consents or agreements that you provide during your visit to the Alchemy Mindworks web site or through other media), constitutes the entire agreement between you and Alchemy Mindworks with respect to the Software, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Alchemy Mindworks regarding the Software.