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End User License Agreement (EULA)
This Limited Use Software License Agreement (the "Agreement") is a
legal agreement between you ("Licensee"), the end-user, and Novica
Paunovic for the use of the HydraMouse software product
("Software"). By using this Software or storing this Software on a
computer hard drive (or other media), you are agreeing to be bound
by the terms of this Agreement. If you do not agree to the terms of
this Agreement delete the Software from all storage media..
The Software is property of Novica Paunovic, hereinafter referred to
as "Developer". You may use it and distribute it according to this
following Agreement. If you do not agree with these terms, please
remove the Software from your system. By distributing the Software
to others you implicitly agree to these license terms.
This Software is licensed and not sold. The Software and its source
code are property of Developer of this Software, and are protected
by copyright and other intellectual property laws. You acquire only
the right to use the Software and do not acquire any rights, express
or implied, in the Software other than those specified in this
Agreement. Developer shall at all times retain all rights, title,
interest, including intellectual property rights, in the Software.
The Software is distributed as try-before-you-buy product. This
means:
1. All copyrights to Software are exclusively owned by the author -
Novica Paunovic. Software is protected by copyright laws. At all
times Developer retains full title to the Software. Subject to your
acceptance of and accordance with the terms and conditions stated in
this agreement, you shall be granted a single-user Software license.
Any previous agreement with Developer is superseded by this
agreement.
2. Anyone may use Free (trial) version of Software as long as you
want. You can try free version of Software, which does not have some
features of the full version. Full version of Software does not
contain such restrictions and is shipped as a packed installer. To
use full version of Software, you MUST register.
3. The Software unregistered free (trial) version, may be freely
distributed, with exceptions noted below, provided the distribution
package is not modified. No person or company may charge a fee for
the distribution of Software without written permission from the
copyright holder. The Software unregistered free (trial) version may
not be bundled or distributed with any other package without written
permission of the copyright holder.
REGISTERING (BUYING) OF THIS SOFTWARE GIVES YOU THE RIGHT TO:
1. Install and use the full version Software. 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, you must designate one
individual within your organization ("Named User") to have the right
to use the Software.
2. Make one copy of the Software for backup or archival purposes or
copy the Software to a single permanent storage medium provided you
keep the original solely for backup or archival purposes.
The registered Software may not be rented or leased.
Upgrade of the software version (minor or major) is not free.
ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE
SOFTWARE LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION,
DEVELOPER MAY PURSUE CRIMINAL, CIVIL, OR ANY OTHER AVAILABLE
REMEDIES. EXCEPT AS OTHERWISE EXPRESSLY PERMITTED IN THIS
AGREEMENT, YOU ARE NOT ALLOWED TO:
1. Modify or create any derivative works of the Software;
2. Reverse-engineer, decompile, disassemble or otherwise attempt to
derive the source code for the Software
3. Manipulate or alter the components that make up this Software in
any way;
4. Remove proprietary notices, labels or marks from the Software or
Software Documentation
5. Sell, rent, lease, sublicense, or otherwise transfer rights to
the Software;
TERM AND TERMINATION
The license granted under this Agreement will continue in force
until terminated, as set forth herein. If Licensee fails to pay any
monies or provide any services due in connection with the Software,
or violates any term or condition of this Agreement, Developer or
its agent may terminate this License immediately by giving notice of
termination to Licensee. Licensee is responsible for providing valid
contact information to Developer. If no valid contact information is
available for Licensee in Developer' records, Developer is not
required to give notice of termination to Licensee.
EFFECT OF TERMINATION
Immediately upon termination, Licensee will destroy or return to
Developer all copies of all or any part of the Software in
Licensee's possession or under Licensee's control. Licensee will
have no right to keep or use any copy of the Software and related
user documentation for any purpose after termination of this
Agreement.
TRANSFER OF SOFTWARE
Licensee shall not have the right to transfer this Software license,
without the prior written consent of Developer.
DISCLAIMER OF WARRANTY FOR SOFTWARE
SOFTWARE IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS
EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. DEVELOPER WILL NOT
BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND
OF LOSS WHILE USING OR MISSING THIS SOFTWARE. DEVELOPER DISCLAIMS
ALL IMPLIED WARRANTIES FOR THE SOFTWARE, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER
MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE SOFTWARE AND
DOES NOT PROMISE THAT THE SOFTWARE WILL BE ERROR FREE OR WILL
OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF
THE USE OF THE SOFTWARE BY ANY PERSON, REGARDLESS OF WHETHER
DEVELOPER IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE.
THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, DEVELOPER' NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION AND OTHER TORTS.
OWNERSHIP OF SOFTWARE
Developer has and will retain all ownership rights in the Software,
including all patent rights, copyrights, trade secrets, trademarks,
service marks, related goodwill and confidential and proprietary
information. Licensee will have no rights in the Software except as
explicitly stated in this Agreement.
ASSIGNMENT AND DELEGATION
Licensee may not assign this Agreement or any rights under it and
may not delegate any duties under this Agreement without Developer'
prior written consent. Any attempt to assign or delegate without
that consent will be void.
GENERAL
This Agreement constitutes the entire understanding between
Developer and Licensee with respect to subject matter hereof. Any
change to this Agreement must be in writing, signed by Developer and
Licensee. Terms and conditions set forth in any purchase order which
differ from, conflict with, or are not included in this Agreement,
shall not become part of this Agreement unless specifically accepted
by Developer in writing.
All rights not expressly granted here are reserved by Novica
Paunovic.
Other trademarks are reserved by their owners.
Copyright ©
Novica Paunovic.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL
OF ITS TERMS AND CONDITIONS.
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