DataForm.NET End User License AgreementPlease read this agreement carefully before downloading or installing the Software on your computer. This Software End User License Agreement ("EULA") is a legal contract between you and EasyDotNet,Inc ("EasyDotNet"). The term "Software" means the original program and all whole or partial copies of it, including portions merged into other programs. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We EasyDotNet, Inc. grant you license to use this Software on the following terms: 1. This Software is licensed and not sold to you. This Software is owned by us and is protected by copyright law, and we reserve ownership of all Intellectual Property Rights in it, and all rights other than those expressly granted by this Agreement. 2. Subject to payment of the license fee: 2.1. GRANT OF LICENSE
2.2. If you later upgrade the Software, this Agreement will terminate, and all copies of the Software to which it applies must be destroyed. 2.3. You will promptly install any updated versions of the Software we may make available to you. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA. 2.4. This license replaces any earlier license we may have granted to you for the use of earlier versions of the Software. 2.5. Support via email is at present provided for free of charge. EasyDotNet may decide at any time in the future to change the policy. Additional support is available for a fee. For further information regarding the services available please contact EasyDotNet. 3. You are entitled to subscribe to the DataForm.Net free email support. You are also entitled to minor version upgrades (e.g. version 2.0 to 2.2, but not version 2.5 to 3.0) without additional charge. 4. This Agreement and license is personal to you; you must (save to such extent as may be expressly permitted by this license) not copy, rent, lease, assign or otherwise distribute or part with the Software or any accompanying written materials. You must take reasonable steps to protect the Software from unauthorized copying, publication, disclosure or distribution. You are advised that the Software may periodically automatically report to us information in relation to its installation and use; this information will be only used for monitoring compliance with the terms of this license. 5. You acknowledge that the Software contains valuable confidential information and trade secrets of EasyDotNet and/or its licensors; therefore, you agree not to modify the Software, create derivative works of, or attempt to decipher, decompile, disassemble or reverse engineer the Software or assist or encourage any third party in doing so. 6. Warranties, and Limitation of Liability: 6.1. You acknowledge that you have had the opportunity to evaluate the Software without charge, and that you have satisfied yourself that it meets your requirements in all material respects. 6.2. The Software needs to be activated after purchasing. You accept and acknowledge that it is your responsibility to make sure that the Software can be activated by the computer on which the Software is installed. Open activation page, if “Activate” button is disabled, which means the Software is unable to be activated by the computer. If the Software can't be activated by the computer, don't purchase it. 6.3. You accept and acknowledge that it is impossible to guarantee that the Software will not contain bugs, particularly when it is linked to or combined with other software. Linking the Software to any other software developed by you or anyone else may cause a malfunction of the Software or the software system upon which it is running. You further accept and acknowledge that it is your responsibility to carefully test the operation of programs after they have been linked to or incorporated within your Software program.And you agree that if any such errors are found to exist they shall not constitute a breach of this Agreement. 6.4. IN THE EVENT THAT YOU DISCOVER A MATERIAL ERROR WHICH SUBSTANTIALLY AFFECTS YOUR USE OF THE SOFTWARE AND NOTIFY US OF THE ERROR WITHIN 90 DAYS FROM THE DATE OF THE EARLIER OF RECEIPT OF THE SOFTWARE AND PAYMENT OF THE license FEE (THE "WARRANTY PERIOD") WE SHALL AT OUR SOLE OPTION EITHER REFUND THE license FEE (IF ANY) OR USE ALL REASONABLE ENDEAVOURS TO CORRECT BY PATCH OR NEW RELEASE (AT ITS OPTION) THAT PART OF THE SOFTWARE WHICH DOES NOT SO COMPLY PROVIDED THAT SUCH NON-COMPLIANCE HAS NOT BEEN CAUSED BY ANY MODIFICATION, VARIATION OR ADDITION TO THE SOFTWARE NOT PERFORMED BY US OR CAUSED BY ITS INCORRECT USE, ABUSE OR CORRUPTION OF THE SOFTWARE OR BY USE OF THE SOFTWARE WITH OTHER SOFTWARE OR ON EQUIPMENT WITH WHICH IT IS INCOMPATIBLE. 6.5. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 6.6. ALTHOUGH WE DO NOT WARRANT THAT THE SOFTWARE SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES WE HAVE USED COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN VIRUSES. YOU ARE NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING THE SOFTWARE. 6.7. NEITHER EasyDotNet NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF EasyDotNet OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 6.8. NOTWITHSTANDING THE GENERALITY OF THE ABOVE, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE, ITS USE, OR IN RESPECT OF OTHER EQUIPMENT OR PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. 6.9. IF ANY EXCLUSION OR LIMITATION CONTAINED IN THIS license SHALL BE HELD TO BE INVALID FOR ANY REASON AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE license FEE PAID BY YOU FOR THE SOFTWARE. 7. You acknowledge that these terms supersede all prior agreements, and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this warranty in any way, and you may not rely on any such advice. 8. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law. Agreement Version 3.1 http://www.EasyDotNet.com/ |