Back On-Screen Keyboard Magic End user license agreement
On-Screen Keyboard Magic 1.0 Evaluation License
On-Screen Keyboard Magic™ Copyright © 2006-2007 by Alexey Morozov
All rights reserved.
This license applies to the evaluation version of On-Screen Keyboard Magic™. If you do not have an evaluation version of On-Screen Keyboard Magic, see the section titled On-Screen Keyboard Magic Registered License in the Help.
On-Screen Keyboard Magic License
Evaluation Version
Your Agreement to this License
This License only applies to the executable code for the English-language version of the On-Screen Keyboard Magic 1.0 software and any accompanying distributable files, data and materials ("On-Screen Keyboard Magic"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting On-Screen Keyboard Magic without registering your copy of On-Screen Keyboard Magic, you agree to all of the terms of this evaluation license agreement ("License"). Refer to http://oskm.iFastNet.com for information about pricing, multi-user licensing, and registration options.
All registered copies of On-Screen Keyboard Magic allow access to all On-Screen Keyboard Magic`s software features.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit On-Screen Keyboard Magic.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by Alexey Morozov as author ("Alexey Morozov") to use for evaluation purposes only one (1) copy of On-Screen Keyboard Magic, on one (1) computer or workstation, without charge, for a period of 7 days after you first install On-Screen Keyboard Magic on any computer or workstation. If you want to use this software after the 7-day evaluation period, you must acquire from Alexey Morozov for a fee a single-user license or multi-user license for On-Screen Keyboard Magic. Refer to http://oskm.iFastNet.com for information about license pricing, multi-user licensing, and ordering options. Use of On-Screen Keyboard Magic after the expiration of the 7-day evaluation period without acquiring such a license from Alexey Morozov is outside the scope of this License and a violation of U.S. and international copyright laws.
Subject to all of the terms of this License, you may, without making any payment to Alexey Morozov:
a. give exact copies of On-Screen Keyboard Magic personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
b. distribute exact copies of On-Screen Keyboard Magic for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
c. make as many exact copies of On-Screen Keyboard Magic as you wish, for purposes of distribution as described in (a) and (b) above.
For purposes of the foregoing, an "exact copy" of On-Screen Keyboard Magic means a file that is identical, at the time you create the copy, to the On-Screen Keyboard Magic distribution file available at http://oskm.iFastNet.com.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Alexey Morozov. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of On-Screen Keyboard Magic.
Alexey Morozov reserves the right to revoke any or all distribution rights at any time, for any or no reason.
All rights of any kind in On-Screen Keyboard Magic which are not expressly granted in this License are entirely and exclusively reserved to and by Alexey Morozov. You may use On-Screen Keyboard Magic solely as expressly provided in this License. On-Screen Keyboard Magic is protected by the copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, On-Screen Keyboard Magic, in whole or in part, nor permit anyone else to do so. You may not make access to On-Screen Keyboard Magic available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of On-Screen Keyboard Magic.
Warranty Disclaimers and Liability Limitations
On-Screen Keyboard Magic, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Alexey Morozov nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, On-Screen Keyboard Magic. Neither Alexey Morozov nor any of its affiliates or licensors warrants that the operation of On-Screen Keyboard Magic will be uninterrupted or error-free. You acknowledge that good procedure dictates that any program, including On-Screen Keyboard Magic, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of On-Screen Keyboard Magic covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Alexey Morozov, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, On-Screen Keyboard Magic. Any liability of Alexey Morozov, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Alexey Morozov. Except to the extent expressly prohibited by applicable statutes, in no event shall Alexey Morozov, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of On-Screen Keyboard Magic, or to your relationship with Alexey Morozov, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Alexey Morozov authorize you or anyone else to use On-Screen Keyboard Magic in applications or systems where On-Screen Keyboard Magic`s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Alexey Morozov, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
Termination
Immediately upon expiration of the 7-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of On-Screen Keyboard Magic and you shall within ten (10) days delete from your computer(s) all electronic copies of On-Screen Keyboard Magic, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.
Indemnification
At your own expense, you shall indemnify, defend, and hold harmless Alexey Morozov, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys` fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of On-Screen Keyboard Magic other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.
General
On-Screen Keyboard Magic, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in On-Screen Keyboard Magic, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Alexey Morozov, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Alexey Morozov and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
There are no third-party beneficiaries of any promises, obligations, or representations made by Alexey Morozov herein.
Any waiver by Alexey Morozov of any violation of this License by you shall not constitute, nor contribute to, a waiver by Alexey Morozov of any other or future violation by you of the same provision, or any other provision, of this License.
You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Alexey Morozov or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Alexey Morozov or any of its affiliates under this License, at law or in equity.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.