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Ever Imaging Ltd. GENERAL LICENSE STATEMENT AND LIMITED WARRANTY
This license statement and limited warranty constitutes a legal agreement
("License Agreement") between you ("Licensee", as an individual) and
Ever Imaging Ltd., ("Vendor"), for the software product
HDR Darkroom("Software") of which Ever Imaging Ltd. is the copyright holder.
The Web Site referred to in this agreement is http://www.hdrdarkroom.com.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement,
Ever Imaging Ltd grants you the right to use the Software in the manner
provided below.
If you do not accept the terms and conditions of the License Agreement,
you are to promptly delete each and any copy of the Software from your computer(s).
This license agreement only applies to the software product "HDR Darkroom".
The Vendor reserves the right to license the same Software to other individuals
or entities under a different license agreement.
After accepting this license agreement, the Licensee must contact the Vendor to
obtain a license for commercial use of the product.
This Software is owned by Ever Imaging Ltd. and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.
You acknowledge that the Software is a confidential trade secret of Ever Imaging Ltd and therefore you agree not to reverse engineer, decompile, or disassemble the Software.
Grant of License
A single license grants the licensee the option of installing the Software on up to
two computers used exclusively by a single person. Installing the Software on a network
server, is not permitted.
A single license is tied to a user. The software may be installed on other computers and even computers with different operating systems provided the user is the same on both computers. One license is valid on both Windows and Mac versions.
A multi-user license grants the Licensee the option to install the Software
on as many machines as licenses were bought, but no more, or the Licensee
may choose to install the Software on one or more network servers on the
condition that the number of client machines that have access to that server
or those servers, is equal to or less than the number of licenses bought.
When the number of client machines grows, the Licensee must buy additional licenses.
Technical Support
Technical support is available directly from the Vendor at no additional
charge. When encountering problems, the Licensee must first read the documentation
included with the Software and then visit the Web Site and read the information
presented there to make sure the question or problem is not already answered there.
If not, the licensee may write to technical support email address with the question.
Limited Warranty
The Software is provided "as is". In no event shall the Vendor or any of his
affiliates be liable for any consequential, special, incidental or indirect
damages of any kind arising out of the delivery, performance or use of this
Software, to the maximum extent permitted by applicable law. While the Software
has been developed with great care, it is not possible to warrant that the
Software is error free. The Software is not designed or intended to be used in
any activity that may cause personal injury, death or any other severe damage or loss.
Ownership, Copyright and distribution
The Software remains the exclusive property of the Vendor. Any Licensee who
fully complies with the terms in this license agreement may use it according
to the terms of this license agreement.
You may distribute the Software that is available for public download on the
Web Site at the moment that you do distribute it, on the condition that you
do this by making identical copies of the downloaded file(s). Public download
means any file that can be downloaded by browsing to the Web Site and navigating
through the links visible on the page, without the use of any password or
identification that you may type in or that may be automatically supplied
by your browser if you have typed it in before.
You must not ask payment for the act of distributing the evaluation version
of the Software or for the evaluation version itself. You may ask a reasonable
contribution to cover your expenses in material, shipping and communication costs.
You must make it clear to the recipient that you are sending an evaluation
version and that the recipient will have to accept a license agreement in order
to evaluate it, and make payment in order to fully use the Software. You must
not distribute the evaluation version by making it part of a larger package,
unless that package is a collection of evaluation software and other software
that does not require payment.
Miscellaneous
You must not attempt to reverse compile, modify, translate or disassemble the
Software in whole or in part. You must not run the Software under a debugger or
similar tool allowing you to inspect the inner workings of the Software.
The Vendor reserves the right to revoke your license if you violate any or all
Single developer license
The Vendor grants to you as an individual, a personal, nonexclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, the Vendor grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.
Site developer license
The Vendor grants to you as an organization operating at a single geographical location, a nonexclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create. You may install a copy of the Software on an unlimited number of developer workstations at a single geographical location with right to use the Software in the manner provided above.