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END-USER LICENSE AGREEMENT (EULA) FOR ASBware (TM) textBEAST® clipboard+.
This EULA is a legal agreement between you the end user (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and ASBware LLC ("ASBware"), which grants you a non-exclusive, non-transferable license to use this software program ("SOFTWARE") and the accompanying documentation in accordance with the terms set forth in this License Agreement ("Agreement"). THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS. BY SELECTING THE "I accept the agreement" OPTION BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. TRIAL VERSION: If you elect to use the TRIAL VERSION of the SOFTWARE, you will be able to use it without any payment requirement for a TRIAL PERIOD consisting of 30 USES, subject to all of the terms contained in this Agreement. One USE is defined by starting and terminating the program, or by a 24 hour period elapsed with the program running. After 30 USES, the SOFTWARE will cease to function but existing data can be accessed. If you wish to continue using the SOFTWARE, the FULLY LICENSED VERSION may be purchased. You may not modify the SOFTWARE to extend or repeat the 30 use TRIAL PERIOD. The TRIAL VERSION has limited capacity (only 1 page/button is enabled plus 10 auto clipboard textboxes). You may make as many copies of the TRIAL VERSION of the SOFTWARE as you wish. You may give exact copies of the TRIAL VERSION of the SOFTWARE to anyone and distribute it in its unmodified form via electronic means. You may NOT charge a distribution fee and you may not represent in any way that you are selling the SOFTWARE. Your distribution of the SOFTWARE will not entitle you to any compensation from ASBware. You must distribute a copy of this EULA with any copy of the SOFTWARE. Anyone to whom you distribute the SOFTWARE is subject to this EULA. You may at any time purchase the FULLY LICENSED VERSION to utilize the full capacity of the SOFTWARE. You agree not to purchase any license keys or similar computer code for the SOFTWARE from any source other than ASBware or ASBware’s authorized partners. FULLY LICENSED VERSION: For business use, you may use the licensed version of the SOFTWARE only on the number of computers for which you have paid the applicable license fee (one computer per paid license). For private use, you may use the licensed version of the SOFTWARE on 2 computers for each applicable license fee, provided these are not used at the same time. The SOFTWARE is owned by ASBware or its licensors and protected by copyright and trademark laws. Therefore, you must treat the SOFTWARE like any other copyrighted material except that: You may do the following: (1.) make one copy of the SOFTWARE in machine-readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy; (2.) physically transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time; and (3.) transfer, but not rent or lease, the SOFTWARE on a permanent basis if the person receiving it agrees to the terms of this Agreement. You may not do the following: (1.) use the licensed version of the SOFTWARE simultaneously on more than one computer, or simultaneously on more than one network workstation unless you have purchased an additional license for each additional computer or network workstation; (2.) modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon, or copy (except for the backup copy) the SOFTWARE or the accompanying documentation; (3.) rent or lease any rights in the SOFTWARE or accompanying documentation in any form to any person without the prior written consent of ASBware; or (4.) remove any proprietary notices, labels, or marks on the SOFTWARE and documentation. All rights, title, interest, and all copyrights to the SOFTWARE, documentation, and any copy made by you remain with ASBware. Unauthorized copying of the SOFTWARE or the documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will result in legal remedies. LIMITATION OF REMEDIES: Your sole remedy under this License Agreement shall be replacement as provided in the warranty. ASBware's sole and exclusive maximum liability for any claim by you shall not exceed the amount paid by you to ASBware for the product. IN NO EVENT SHALL ASBware LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. LIMITED WARRANTY: THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ASBware OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF ASBware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ASBware's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. ASBware does NOT warrant that the function contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free. The SOFTWARE is not designed or intended to store sensitive or confidential information, as this information is not protected and may be viewable by others who access the computer on which the SOFTWARE is located. ASBware advises against the use of the SOFTWARE for such purposes and assumes no liability for any consequences of such use. It is your responsibility to abide by any applicable local and international laws applying to use of the SOFTWARE, including but not limited to copyright laws pertaining to any text or images copied or stored with the SOFTWARE. The warranty set forth above shall not apply to any failure or deficiency which has been caused by misuse, neglect, alteration, unauthorized repair or modification, accident, excessive heat or humidity, power failure, or improper installation. The warranty set forth above is not assignable by you. GENERAL: You may terminate this license at any time by destroying all copies of the SOFTWARE or by returning them to ASBware. We may terminate this license if you fail to comply with the terms and conditions of this License Agreement. Upon such termination, you agree to destroy or return all your copies of the SOFTWARE. Any unauthorized rental, lease, assignment or transfer of any copy of the SOFTWARE shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect. This License Agreement shall be governed by the laws of the State of Mississippi. This Agreement is the entire Agreement between You and ASBware and supersedes any other communications, advertisements, or understandings, whether written or oral, relating to the subject matter of this license. "textBEAST" is a registered trademark of ASBware LLC. http://www.asbware.com Copyright © 2006-2009 ASBware, LLC |
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