» version 3.11 - posted on 2006-03-30
VisualSoft Visual QuickBar
End User License Agreement (EULA)
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND Konst Popov("VisualSoft" or Author). PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. VisualSoft IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
The enclosed computer program, referred to hereafter as the "Software", is licensed, not sold, to you by Author for use only under the terms of this End-User License. AUTHOR reserves all rights not expressly granted to you. You retain ownership of the media on which the Software is stored, however AUTHOR retains ownership of the Software itself.
1. End-User License
1.1 Registered software
A Registered software is the software for which a license has been paid for. Licenses for VisualSoft's softwares maybe purchased from http://shareit1.element5.com/catalog.html.
This License allows you to:
(a) Use a single copy of the software on a single computer. To "use" the Software means that the Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e. Hard disk, etc.) You may install the Software on a common storage device which is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must acquire an End-User License for each user concurrently using the software.
(b) Make a single copy of the Software in machine readable form solely for backup purposes. As an express condition of this End-User License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by AUTHOR.
(c) Permanently transfer all your rights under this End-User License to another party by providing to such party all copies of the Software licensed under this agreement together with a copy of this End-User License and the accompanying materials, provided that the other party reads and agrees to accept the terms and conditions of this End-User License. Serial numbers, unlock codes and other similar mechanisms however, are NOT transferable and remain unique for each installed copy.
1.2 Evaluation software
This license allows you to use the software without charge on an evaluation basis for thirty (30) days from the day you install the software. After the thirty (30) days period, you must pay the license fee and register your copy in order to continue using it. Using the software after its thirty (30) days evaluation period is using the software in an unlicensed basis.
You may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Dual Media
If this package contains both CD-ROM and 3.5 inch media, you may use only the media appropriate for your single computer or common storage device. You may not use the media format on another computer or common storage device, nor may you rent, lease, loan or transfer them to another user except as part of a transfer as expressly permitted by this End-User License.
This End-User License agreement is effective until terminated. You may terminate this End-User License agreement at any time by destroying all copies of the software and related materials. AUTHOR may terminate this license without notice to you if you fail to comply with any of its terms. Any such termination by Licensor shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedied. Upon receipt by you of a written notice of termination from the licensor or termination by you, you shall immediately (a) cease using the software, (b) return to the licensor the software and all accompanying material and all magnetic or optical media provided to you (or destory all copies thereof in your possession), and (c) within five days thereafter, provide the licensor with a written confirmation that you have complied with the foregoing. The provisions of sections 2,4 and 5 herein shall survive termination of this End-User License Agreement.
5. Limited Warranty
AUTHOR warrants for a period of thirty (30) days from your date of purchase that the media on which the Software is recorded will be free from defects in materials and workmanship under normal use. AUTHOR's entire liability and your sole and exclusive remedy for any nonconformance of the foregoing limited warranty, provided that such nonconformance is reported to AUTHOR during the warranty period in sufficient detail for AUTHOR to duplicate the nonconformance and verify the correction, will be replacement of the software licensed on magnetic media agreeable to licensor and licensee.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY AUTHOR AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation of Liability
In no event will AUTHOR, its parent or subsidiaries or any of the licensors or sub-licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying materials, regardless of the basis of the claim and even if AUTHOR has been advised of the possibility of such damage. AUTHOR's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to replacement of the software that caused the damages. Because some juridictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This End-User License Agreement supercedes all prior or collateral oral or written representations or agreements related to your right to use the software. This End-User License will be construed under the laws of the Moscow region, Russia. If any provision of this End-User License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this End-User License will remain in full force and effect.
The parties have agreed that this agreement be drafted in English.
Address: 141400 Unnatov str 1-27, Khimki-Moscow, Russia