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Software catalog
Интернет-каталог бесплатных и платных программных продуктов всего мира
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This Software Distribution Agreement ("Agreement") is made between E-Business Made Simple ("Software Owner") and Internet Software Download Companies. ("Publisher") (each, a "Party"; together, the "Parties"). Grant and Reservation of Rights. License to Use & Distribute. Software Owner grants Publisher and Publisher's authorized sales agents ("Channel Partners") the right and license to use, distribute, copy (in connection with electronic distribution only), market and license in any media throughout the world (including CDs, Springboard modules, CompactFlash cards, the world wide web, and other commercially acceptable means) the computer programs and user manuals (collectively, "Software"), now or later owned by Software Owner. Distribution. Publisher, at its sole discretion and at any time, may refuse to distribute any piece of Software from Software Owner that it deems inappropriate. In addition, Publisher, at its sole discretion and at any time, reserves the right to choose which Value Added Channel or Channels, if any, to distribute the Software. Demonstration License. Software Owner grants Publisher a royalty-free nonexclusive right and license to use, publicly display, publicly perform, and duplicate the Software either directly by Publisher's employees or through Publisher's Channel Partners solely for the purpose of marketing or demonstrating the Software to prospective customers. Such marketing or demonstration efforts may include demonstrating the Software online via an Internet accessible emulation device, webcasting, or other means. Software Distribution. The Software in a form suitable for electronic reproduction and distribution. Before delivering any computer program to Publisher, Software Owner must first test the computer program to ensure it is, to a reasonable extent, free of defects. End User License Agreement CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY INSTALLING RV PARK SOFTWARE ON YOUR COMPUTER. IF YOU DO NOT AGREE TO THIS LICENSE, DO NOT INSTALL IT. License Grant "You" means the person or company who is being licensed to use the RV Park Software. "We," "us" and "our" means E-Business Made Simple. "Software" means the files distributed by us and our authorized representatives as Publish or Perish. NOTE: This Software is NOT free. You may use it in an evaluation mode for 30 days without a Key Code. After the 30 days, you can obtain a 30 day extension Key Code for a total of 60 days evaluation, at which time you should either purchase the Program or remove it from your Computer(s). We hereby grant you a nonexclusive license to use the RV Park Software for personal non-profit use. "Non-profit use" means that you do not charge or accept compensation for the use of the RV Park Software or any services that you provide with it. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer, for example a hard disk, CD-ROM or other storage device. The Software is “Keyed” to a specific computer and cannot be loaded on another computer except via a networked connection back to the Keyed Computer. In this manner, multiple computers can use the license. If you want/need to change your Keyed Computer, a new license should be purchased at a 50% reduced price. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. Title We remain the owner of all right, title and interest in the RV Park Software and related explanatory written materials ("Documentation"). Archival or Backup Copies You may copy the RV Park Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above. Things You May Not Do The RV Park Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material, for example a book. You may not: • copy the Documentation, • copy the Software except to make archival or backup copies as provided above, • modify or adapt the Software or merge it into another program, • reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, or • sublicense, rent, lease or lend any portion of the Software or Documentation. Transfers You may Not transfer your rights to use the RV Park Software and Documentation to another person or legal entity. The Software is Non-Transferable. Limited Warranty We warrant that for a period of 30 days after delivery of this copy of the RV Park Software to you: • the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and • the Software will perform in substantial accordance with the Documentation. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties. SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Limited Remedy Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either: • return the price you paid, or • repair or replace the RV Park Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Term and Termination This license agreement takes effect upon your use of the RV Park software and remains effective until terminated. You may terminate it at any time by destroying all copies of the RV Park Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. Confidentiality The RV Park Software contains trade secrets and proprietary know-how that belong to us 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 THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. General Provisions 1. This written license agreement is the exclusive agreement between you and us concerning the RV Park Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the RV Park Software. 2. This license agreement may be modified only by a writing signed by you and us. 3. 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. Рейтинг: Назад Наверх
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