» version 5.2.72 - posted on 2006-11-17
EULA - End User License Agreement
FREEWARE LIMITED USE SOFTWARE LICENSE AGREEMENT
This Freeware Limited Use Software License Agreement (the Agreement) is a legal agreement between "You", the end-user, and Stands Apart Software. By the installation of this program entitled ZappoScreech, by loading or running the program, or by placing or copying the program onto Your computer hard drive, computer RAM or other storage, You are agreeing to be bound by the terms of this Agreement. The copyright owner of ZappoScreech is Stands Apart Software. Stands Apart Software hereby gives You a non-exclusive license to use the software ZappoScreech (the Software) subject to Your compliance with all of the terms and conditions of this Agreement.
use the Software on as many computers as You may have in Your home;
use the Software on as many computers as You may have in Your business;
copy the Software for archival purposes, provided any copy contains all of the original Softwares proprietary notices;
freely distribute the current version of the Software and documentation in its unmodified form by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order or other means;
publicly display the Software.
YOU MAY NOT:
permit other individuals to use the Software except under the terms listed above;
modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction);
create derivative works based on the Software;
copy the Software (except as specified above);
rent, lease, transfer or otherwise transfer rights to the Software;
offer the Software on a pay-per-use basis;
remove any proprietary notices or labels on the Software.
The license will terminate automatically if You fail to comply with the limitations described above. On termination, You must destroy all copies of the Software and Documentation.
DISCLAIMER OF WARRANTY.
The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by You. Should the Software prove defective, You and not Stands Apart Software assume the entire cost of any service and repair.
STANDS APART SOFTWARE, NOR ANY OF ITS RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
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 (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that You are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if You fail to comply with the terms of this Agreement.
This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Indiana. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
COMPLIANCE WITH LICENSE.
If You are a business or organization, You agree that upon request from Stands Apart Softwares authorized representative, You will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with this Agreement.
INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION.
Title, ownership rights and intellectual property rights in and to the Software shall remain with Stands Apart Software. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. If any provision is determined to be unenforceable, You agree to a modification of such provision to provide for enforcement of the provisions intent, to the extent permitted by applicable law. Failure of Stands Apart Software to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If You fail to comply with or breach any term or condition of this Agreement, YOUR LICENSES AND THIS AGREEMENT ARE AUTOMATICALLY TERMINATED, WITHOUT NOTICE. In the event this Agreement is terminated, You shall have no right to use the Software, in any manner, and You shall immediately destroy all copies of the Software in Your possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN STANDS APART SOFTWARE AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN STANDS APART SOFTWARE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
October 31, 2006
FREEWARE LIMITED USE SOFTWARE LICENSE AGREEMENT