Genbox Family History End user license agreement

ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.

CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THIS SOFTWARE.

A. LICENSE. This is a legal agreement between you and THOUGHTFUL CREATIONS ("we" or "us") for the software product Genbox Family History. THOUGHTFUL CREATIONS provides you with the installation program containing the executable program file (the "Software"), "online" or electronic documentation, and supporting files (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License.

B. COPYRIGHT. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make. All intellectual property rights in the Software are owned by THOUGHTFUL CREATIONS and are protected by United States copyright laws and international treaty provisions. THOUGHTFUL CREATIONS retains all rights not expressly granted. You must treat the Software like any other copyrighted material. THIS SOFTWARE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION MAY RESULT IN CIVIL AND CRIMINAL PENALTIES.

C. GRANTS. YOU MAY: 1. use one copy of a registered version of the Product on a single computer at any one time. The Product is "registered" when a license number has been assigned to you and entered into the Registration dialog box and the About dialog box displays the license number. The Software is "in use" on a computer when it is loaded into RAM. It is permissible for a user of a registered version to have a copy of the Software installed on several computers, provided that only one copy is loaded into RAM at once. 2. make a backup copy of the Software for archive or backup purposes. 3. Distribute the output of the program.

D. REDISTRIBUTION. You can freely distribute the Product, provided that: 1. the original installation program is distributed, NOT the individual files. 2. you DO NOT modify, augment, or otherwise change the original installation program for the Software. 3. you DO NOT include, distribute, publish, or in any way make public the license numbers assigned to you or anyone else for the Software. 4. you DO NOT distribute it with any other product, commercial or otherwise, without prior written consent.

E. TRANSFER. You may transfer a registered version of the product on a permanent basis to someone else provided you assign all of your rights under this License, transfer the license numbers assigned to you, the Software and all associated materials and retain no copies, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the product, and ensure that the recipient agrees to the terms of this agreement.

F. LIMITATIONS. You MAY NOT: 1. use the Product or make copies of it except as permitted in this License. 2. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law. 3. rent, lease, assign, or transfer the Product except as set out in paragraph E above. 4. modify the Product or merge all or any part of the Product with another program.

G. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software including accompanying documentation.

H. DISCLAIMER OF WARRANTY. The Software is provided "as is" and without any warranty or condition, whether express, implied or statutory. THOUGHTFUL CREATIONS does not warrant that the Software is error free. You must use the evaluation period to ensure that the product meets your needs and is fit for the purpose for which you intend to use it. This means that the entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not THOUGHTFUL CREATIONS assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

I. LIMITATION OF LIABILITY. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall THOUGHTFUL CREATIONS or its suppliers or resellers be liable to you or any other person or entity for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, loss of revenue or profit, computer failure or malfunction, lost or damaged data or any other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

J. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall THOUGHTFUL CREATIONS or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or the inability to use this product.

K. SEVERABILITY. In the event of invalidity of any provision of this license, both parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

L. ENTIRE AGREEMENT. This is the entire agreement between you and THOUGHTFUL CREATIONS which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

Copyright (c) 2003 Thoughtful Creations. All rights reserved.