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IMPORTANT, PLEASE READ CAREFULLY.
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
End User License Agreement
This End User License Agreement ("ELUA") is a legal agreement between you and DIMPLESOFTWARE with regard to the copyrighted Software provided with this ELUA.
General
The DIMPLESOFTWARE PRODUCTS includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("software") provided to you by DIMPLESOFTWARE in whatever form of media, will constitute your acceptance supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the software. By installing, copying or otherwise using the DIMPLESOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, DIMPLESOFTWARE is unwilling to license the SOFTWARE PRODUCT to you.
Eligible Licenses
DIMPLESOFTWARE provides functionality on a WSS v3.0 or MOSS2007 Site Collection/Web application/server farm to use the license solely to software owners, with no right of duplication or further distribution, licensing, or sub-licensing. If you do not own the software do not download, install, copy or use the software.
You are not permitted:
a) To rent, lease, sub-license, loan, copy (except as expressly provided in this Agreement), modify, adapt, merge, translate, reverse engineer, disassemble, create derivative works based on the whole or any part of the Software or its associated documentation or otherwise attempt to discover the source code of the Software.
b) To distribute any part of the Software as part of any software development system (compiler or interpreter) without the Dimple Softwares’ express written permission unless you have purchased distributor license.
c) Except as expressly provided in this Agreement, to use, reproduce or deal in the Software in any way.
You are permitted to:
1) load the Software and use it only on a single computer (with a single input terminal) which is under your control, unless a multiple user license has been purchased in which case the software may be used on any number of computers, up to a maximum total equal to the number of purchased licenses;
2) transfer the Software from one computer to another provided it is used on only one computer at any one time, unless a multiple user license has been purchased in which case the software may be used on any number of computers, up to a maximum total equal to the number of purchased licenses;
License Grant
DIMPLESOFTWARE grants to a personal, non-transferable and non- exclusive right to use the copy of the software provided with this EULA.
You may install only one copy of DIMPLESOFTWARE product on a single WSS v3.0 or MOSS2007 Site Collection/web application/server Farm, the product can be used on an unlimited number of webs, areas and pages and by an unlimited number of users. Each copy of DIMPLESOFTWARE product requires its own Site Collection License/Farm License to run, and an additional Site Collection License/Farm License is required if you install another copy of the SOFTWARE on a different WSS v3.0 or MOSS 2007 Site Collection/Farm.
We are providing three types of licenses. Site Collection, Web Application and Server Farm. Upon ordering we require you to provide Site Collection ID/Web Application ID/Server Farm ID. You will receive a license key which allows you to activate the full version of the Product on SharePoint Site Collection/Web Application/Server Farm. The license key will not work on other Site Collection/Web Application/Server Farm.
Copyright
The software is licensed, not sold. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the excusive property of DIMPLESOFTWARE and/or its suppliers, and you will not acquire any rights to the software, except as expressly set forth above. All copies of the software contain the same proprietary notices as contained in or on the software. All title and copyrights in and to the Software product, the accompanying printed materials, and any copies of the software product, are owned by DIMPLESOFTWARE or its suppliers. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. You are only entitled to the limited use of the IP rights granted to you in this EULA. DIMPLESOFTWARE reserves all rights not expressly granted to you in this EULA. The software product is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the software product.
Acceptance
You shall be deemed to have accepted the terms of this Agreement by loading the Software into any computer.
Disclaimer of warranty
The software is provided "AS IS" without warranty of any kind. DIMPLESOFTWARE and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the software is with you. Neither DIMPLESOFTWRE nor its supplier warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error-free. DIMPLESOFTWARE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
Limitation of Liability
DIMPLESOFTWARE`s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the software, if any. In no event shall DIMPLESOFTWER or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use of inability to use the software, even if DIMPLESOFTWAER or its suppliers has been advised of the possibility of such damages, or any claim by a third party.
Rental
You may not loan, rent or lease the software.
Upgrades
If the software is an upgrade from an earlier released or previously released version, you now may use that upgraded product only in accordance with this EULA. If the software product is an upgrade of a software program which you licensed as a single product, the software product may be used only as part of that single product package and may not be separated for use on more than one computer.
OEM Product Support
Product support for the software product is provided by DIMPLESOFTWARE. For support, please call DIMPLESOFTWAERE. Should you have any questions concerning this, please refer to the address provided in the documentation.
No Liability for Consequential Damages
In no event shall DIMPLESOFTWARE or its suppliers be incidental liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this "DIMPLESOFTWARE" product even if DIMPLESOFTWAR has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
LIMITED WARRANTY
DIMPLESOFTWARE declares that the software product works substantially according with the technical documentation that accompanies it and commits it to make the best efforts in order to correct eventual detected errors. DimpleSoftware warrants to the licensor that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Software product is provided on "AS IS" basis . Your exclusive remedy and DIMPLESOFTWARE`s entire liability under this limited warranty will be at Dimple Software’s option to replace Software. There is no other implicit or explicit Warranty: DIMPLESOFTWRE is not implicitly or explicitly responsible for eventual damages that could result for users in direct or indirect relation with the use of software product.
Term
This license is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by this Agreement. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control.
Ownership
The Owner shall at all times retain ownership of the Software and all subsequent copies thereof regardless of form. This Agreement applies to the grant of the license only and not to the contract of sale of the Software.
Indemnification by You
If you distribute the software in violation of this Agreement, you agree to indemnify, hold harmless and defend DIMPLESOFTWARE and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the software violation of this Agreement.