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Evaluation Version Distribution Of PimpFish Copyright (C) 2002 - 2008 Zabersoft Inc.
1. Evaluation Version License - By receiving and/or using and/or installing this Zabersoft Incorporated ("Zabersoft") software, you accept the following Evaluation Version User Agreement.
This agreement is a binding legal agreement between Zabersoft and the purchasers, users or evaluators of Zabersoft software and products. If you do not agree to be bound by this agreement, remove this software from your computer now and, if applicable, return to us by mail any copies in your possession.
2. Evaluation Period - You may evaluate this complete Evaluation Version for as long as you like. However, this software has been limited to grabbing 300 files (in auto download mode) with the downloader module. After you have downloaded this number of files, the downloader module will be completely disabled. During this time you may evaluate this software. At the expiration of the Evaluation Period, the following choices are available to you:
1. Purchase this software and support Zabersoft in its development (it`s cheap! And your mom will make you cookies!)
Take a look at the PimpFish website - www.pimpfish.com - for information on how to buy PimpFish online.
For corporate, reseller and site license arrangements: sales@zabersoft.com Subject header: "PimpFish Licensing"
3. Evaluation Version Distribution - This Evaluation Version software may be freely distributed, provided that you follow the guidelines outlined in section 3.1. For further information about redistribution of this product please email us at: support@zabersoft.com
3.1 Distribution - This Evaluation Version software may be freely distributed, provided that:
1. Such distribution includes only the original archive supplied by Zabersoft. You may not alter, delete or add any files in the distribution archive.
2. The limited evaluation nature of this Evaluation Version software is not misrepresented.
3. No money is charged to the person receiving this software, beyond reasonable cost of packaging and other overhead.
4. You provide email notice to Zabersoft at the email address listed above that you are distributing this Evaluation Version.
3.2 Use Restrictions -You shall use this software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Zabersoft software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of the Zabersoft software may be used in only one single location by one user.
"Use" of the software means that you have loaded, installed, or run the software on to a computer. If you install the software onto a multi-user platform or network, each and every individual user of the software must be licensed separately or be covered by a site license. You may make one copy of the licensed software for backup purposes, providing you only have one copy installed on one computer being used by one person (or number of users covered in a site license purchase). Other users may not use your copy of this program. If any person other than yourself uses Zabersoft software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated! The sale of and or distribution of copies of this software are strictly forbidden without the prior written consent of Zabersoft. It is a violation of this agreement to sell, loan, rent, lease, borrow, or transfer the use of copies of Zabersoft software products.
3.3 Copyright Restriction - You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this software. Zabersoft`s name and logo or graphics file that represents our software shall not be used in any way to promote products developed with our software. Zabersoft retains sole and exclusive ownership of all right, title and interest in and to the software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Zabersoft software and products. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Zabersoft.
4. Limitation of Responsibility - You will indemnify, hold harmless, and defend Zabersoft and its authorized agents against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Zabersoft software. In no event will Zabersoft be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this software or the use or inability to us this software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Our entire liability, without exception, is limited to the customers` reimbursement of the purchase price of the software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Zabersoft or its authorized agents) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to Zabersoft or its authorized agent.
5. Warranties - Except as expressly stated in writing, Zabersoft makes no representation or warranties in respect of this software and expressly excludes all other warranties, express or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
6. Logging and Privacy - PimpFish implements a number of logging features designed to help with error reporting and debugging of the application - this includes but is not limited to: Logging of application errors, failed download attempts and which URL you were downloading from, DNS errors and other HTTP protocol related errors. All logging is kept securely on your harddisk in an encrypted form, and no information is sent to Zabersoft that can identify you as a user. On our server-side we do not log your IP address or collect information regarding what you download. However some information regarding websites PimpFish has problems with may be transmitted to Zabersoft. Most logging can be turned off in the application settings panel.
7. Governing Law - This Agreement shall be governed by the laws of the European Union and the laws of Denmark applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the supreme court of Denmark, and any competent Courts of Appeal there from.
End Of Evaluation Version Distribution Agreement (PS: Chewbacca ate our baby!)