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CLIPDIARY - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE CLIPDIARY SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER`S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Softvoile Company grants you a license to use one copy of the version of this SOFTWARE on any one system. "You" means the company, entity or individual. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE`s programming features. This license is not transferrable to any other system, or to another organization or individual.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Softvoile Company. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE .
3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. 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 exclusive property of SOFTVOILE Company and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
5. NO OTHER WARRANTIES. SOFTVOILE COMPANY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. SOFTVOILE COMPANY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SOFTVOILE COMPANY 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 SOFTVOILE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOFTVOILE COMPANYS` LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
8. ENTIRE AGREEMENT. This is the entire agreement between you and SOFTVOILE Company which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
http://softvoile.com/
http://softvoile.com/clipdiary/
Copyright © 2005-2006 Softvoile.
CLIPDIARY BETA TEST AGREEMENT
NOTICE TO USERS:
PLEASE CAREFULLY READ THE FOLLOWING BETA TEST AGREEMENT. USE OF THE SOFTWARE
PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
AND/OR USE THIS SOFTWARE. USER`S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
THIS SOFTWARE BETA TEST AGREEMENT IS A CONTRACT BETWEEN YOU, EITHER A
COMPANY, ENTITY OR INDIVIDUAL ("LICENSEE") AND TIUSHKOV NIKOLAY,
WHICH COVERS YOUR USE (STORING, LOADING, INSTALLING, EXECUTING OR
DISPLAYING) OF THE BETA SOFTWARE PRODUCT OF TIUSHKOV NIKOLAY, THAT ACCOMPANIES
THIS BETA TEST AGREEMENT AND RELATED SOFTWARE COMPONENTS, DATA AND
"ONLINE" OR ELECTRONIC DOCUMENTATION.
1. GENERAL GRANT OF AGREEMENT
Subject to the terms and conditions of this Agreement, Tiushkov Nikolay grants to Licensee
a non-exclusive, non-transferable license (without the right to sublicense):
a) to use the Beta Software in accordance with the Documentation solely for purposes
of internal testing and evaluation,
b) to use the Documentation provided with the Beta Software in support of Licensee`s
authorized use of the Beta Software,
c) to copy Beta Software for archival or backup purposes, provided that all titles and
trademarks, copyright, and restricted rights notices are reproduced on such copies.
Licensee shall not copy or use the Beta Software (including the Documentation) except as
expressly permitted in this Agreement. Licensee will not, and will not permit any third party to
modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or
otherwise reduce to human perceivable form any portion of the Beta Software or accompanying
Documentation. In no event shall Licensee use the Beta Software for Licensee`s product
development or any other commercial purpose.
2. STATEMENT OF OWNERSHIP
Tiushkov Nikolay shall own and retain all rights, title and interest in and to the Intellectual
Property Rights in the Beta Software and any derivative works. Licensee does not acquire
any other rights, express or implied, in the Beta Software.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO TIUSHKOV NIKOLAY.
Feedback and other information which is provided by Licensee to Tiushkov Nikolay in connection with the
Beta Software or this Agreement may be used by Tiushkov Nikolay to improve or enhance its products and,
accordingly, Tiushkov Nikolay shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide
right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit
such feedback and information without restriction.
3. STATEMENT OF COPYRIGHT RIGHTS
The Beta Software is protected by United States copyright law and international treaty provisions.
You acknowledge that no title to the intellectual property in the Beta Software is transferred to you.
You further acknowledge that title and full ownership rights to the Beta Software will remain the
exclusive property of Tiushkov Nikolay and you will not acquire any rights to the Beta Software except as
expressly set forth in this agreement. You agree that any copies of the Beta Software will contain
the same proprietary notices which appear on and in the Beta Software .
4. TERM AND TERMINATION.
Licensee`s rights with respect to the Beta Software will terminate upon the earlier of
a) the initial commercial release by Tiushkov Nikolay of a generally available version of the Beta Software or
b) automatic expiration of the Beta Software based on the system date.
5. LIMITATION OF LIABILITY.
IT IS UNDERSTOOD THAT THE BETA SOFTWARE IS PROVIDED WITHOUT CHARGE FOR
LIMITED EVALUATION PURPOSES. ACCORDINGLY, THE TOTAL LIABILITY OF TIUSHKOV NIKOLAY.
ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $1. IN NO
EVENT SHALL TIUSHKOV NIKOLAY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
EVEN IF TIUSHKOV NIKOLAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. WARRANTY DISCLAIMER.
IT IS UNDERSTOOD THAT THE BETA SOFTWARE, DOCUMENTATION, AND ANY UPDATES
MAY CONTAIN ERRORS AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE BETA
SOFTWARE, THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TIUSHKOV NIKOLAY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Licensee acknowledges that Tiushkov Nikolay is under no obligation to support the Beta Software in any
way or to provide any Updates to Licensee. In the event Tiushkov Nikolay, at its sole discretion,
supplies any Update to Licensee, such Update shall be deemed Beta Software hereunder and shall
be subject to the terms and conditions of this Agreement.
7. RESERVED RIGHTS.
All rights not expressly granted here are reserved to Tiushkov Nikolay.
8. CONTACT INFORMATION.
If you have any questions about the Beta Software or this Beta Test Agreement,
please visit our website http://clipdiary.com/.
2004-2008 (c) Tiushkov Nikolay, Softvoile team
http://clipdiary.com/
http://softvoile.com/