Licence d'agréement de Default Folder X

In order to install or use Default Folder X you must read and agree to this License Agreement in its entirety. This is a legal agreement between you, the end user, and St. Clair Software, the developer of the software.

Be sure to read and understand all of the rights and restrictions described in this agreement before using or installing the software. By using or installing this software you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement you must delete all copies of the software in your possession.

Throughout this agreement, "the software" and "Default Folder X" are used interchangeably to refer to the Default Folder X distribution disk image, all files contained within it, and any copies of these files which you make under the terms of this agreement.

1. License

The Software is licensed, not sold, to you by St. Clair Software. All copies and distributions of the Software which this License authorizes you to make are also governed by the terms of this License. All rights pertaining to the Software that are not expressly granted to you in this License are retained by St. Clair Software.

In the thirty (30) days following the date on which you first installed the Software on one or more of the computers owned by you, and prior to the date on which you purchase the Software (“The Evaluation Period”), St. Clair Software grants you a non-exclusive right to use the Software on any computers owned by you.

Following the expiration of the Evaluation Period, you may continue to use the Software provided that you purchase one of the following options:

a) A single user license for each computer on which you have installed the Software (“Single User License”).

b) A license for each computer in your organization within a 160 kilometer (100 mile) radius of your site (“Site License”).

c) A license for each computer in your organization, regardless of geographic location (“Worldwide License”).

The purchase of a Single User License gives you the right to continue to use the Software following the expiration of the Evaluation Period on a single computer owned by you. If you would like to use the Software on more than one computer, you must purchase multiple Single User Licenses or purchase a Site License or Worldwide License as appropriate.

The purchase of a Site License gives you the right to continue to use the Software following the expiration of the Evaluation Period on any computer owned by you or your organization within a 160 kilometer (100 mile) radius of one geographic location. Members, employees, or agents of your organization who use the Software are also governed by the terms of this License and you agree to inform them of the restrictions and rights contained herein.

The purchase of a Worldwide License grants you the right to continue to use the Software following the expiration of the Evaluation Period on any computer owned by you or your organization regardless of geographic location. Members, employees, or agents of your organization who use the Software are also governed by the terms of this License and you agree to inform them of the restrictions and rights contained herein.

Upon purchase of a Single User License, Site License, Worldwide License, or at the discretion of St. Clair Software, you will be provided with a registration code (“The Registration Code”). After you enter the Registration Code into the Software, as described in the documentation accompanying the Software, the altered version of the Software (“The Registered Software”), will no longer display occasional messages. Prior to your entry of this Registration Code, the Software is considered unregistered (“The Unregistered Software”).
    
2. Ownership

Ownership of the legal rights, titles, and interest in the Software remains solely with St. Clair Software. These rights may include copyrights, trademarks, trade secrets, and other rights as applicable. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, duplicate, create derivative works based on the Software, or transmit the Software over a network except as expressly permitted under the terms of this License.

3. Duplication and Distribution of the Unregistered Software

Prior to the expiration of the Evaluation Period, and in accordance with the other terms of this License, St. Clair Software grants you the non-exclusive right to duplicate and install the Unregistered Software on any computer.

Unless expressly prohibited by St. Clair Software, such as may be the case with non-public pre-release versions of the Software, the Unregistered Software may be distributed through the internet, electronic bulletin boards, and other computer networks, or from person to person.

Whenever the Unregistered Software is distributed, all files accompanying the Unregistered Software (the documentation, the Register SCS application, the Installer, and any other accompanying files) must be distributed along with the Unregistered Software. The accompanying files and the Unregistered Software must be distributed intact and in their original form, without modification and without exception. If the Unregistered Software and all accompanying files are contained in a single Installer program, only that Installer may be distributed.

Distributors of the Unregistered Software may not sell, charge for, or otherwise demand payment for the Unregistered Software for their own profit, or otherwise misrepresent or misconstrue the terms of the License under which the Software may be purchased by the end user.

The Unregistered Software may not be distributed on computer-readable material such as floppy disk or CD-ROM without the consent of St. Clair Software.

With the consent of St. Clair Software, CD-ROM distributors may charge end users for those costs associated with the distribution of the material upon which the Unregistered Software is recorded, such as the costs associated with materials, postage, packaging, or labor. CD-ROM distributors may not attempt to make a direct profit from such charges. With the consent of St. Clair Software, CD-ROM distributors may provide end users with copies of the Unregistered Software free-of-charge for the purpose of promoting or marketing another product by which the distributors hope to make a profit (such as a magazine), as long as the other terms of this License with respect to the distribution of the Unregistered Software are met.

4. Duplication and Distribution of the Registered Software

St. Clair Software grants the purchaser of a Single User License the right to make two (2) copies of the Registered Software for their own personal archival purposes, for as many computers as they have purchased Single User Licenses.

The purchaser of a Single User License may duplicate the Registered Software and install it on a computer different from the computer for which the Single User License was purchased, provided that the Registered Software on the original computer is then promptly deleted.

The purchaser of a Site License or Worldwide License may duplicate and install the Registered Software on any machine governed by the terms of the Site License or Worldwide License as detailed in section one (1) of this License.

You may not distribute the Registered Software in any other way, including but not limited to any computer-readable material, floppy disk, CD-ROM, computer network, electronic bulletin-board service, or the Internet.

The Registration Code may not be distributed in any way, including but not limited to any computer-readable material, floppy disk, CD-ROM, computer network, electronic bulletin board service, the Internet, oral, written, or signed communication, telephone, telegraph, or fax machine. You may store the Registration Code for your own personal use for the purpose of reinstalling the Software as necessary on the computer or computers governed by the terms of this License.

5. Warranty and limitations of liability

THE SOFTWARE IS PROVIDED “AS IS”. USE THE SOFTWARE AT YOUR OWN RISK. ST. CLAIR SOFTWARE MAKES NO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO ORAL OR WRITTEN COMMUNICATION FROM OR INFORMATION PROVIDED BY St. Clair Software OR ST. CLAIR SOFTWARE SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL ST. CLAIR SOFTWARE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE SOFTWARE, EVEN IF ST. CLAIR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN ALL JURISDICTIONS. YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

In no event shall St. Clair Software’s total liability to you for actual damages, from any cause whatsoever and regardless of the form of the action, whether in contract, product liability, tort (including negligence), or otherwise, exceed US $50.

6. Export

You agree to comply with the laws and regulations of the United States of America and other countries regarding the export of computer software as those laws and regulations pertain to the Software governed by this License.

7. Governing law

This License shall be governed by the laws of the State of Virginia and the United States of America.

8. Severability

If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

9. Amendments

This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes any prior agreements or understandings. No amendment to this License will be binding unless agreed to and signed by St. Clair Software in writing.

Copyrights

Default Folder X
©2002-2004 St. Clair Software
All Rights Reserved Worldwide

The installer for this product was created using Install by Wincent Colaiuta and is ©2003-2004 Wincent Colaiuta.  Please visit <http://install.wincent.com> for additional information.

Default Folder X was written in C, C++, and Objective C using Metrowerks CodeWarrior and Apple's XCode and Interface Builder, relying upon libraries and header files supplied by these companies and by Apple Computer, Inc.  Portions of this software are therefore protected by the copyrights of their respective holders.

Trademarks

Apple, Power Macintosh, Mac, and Macintosh are registered trademarks of Apple Computer, Inc. Macintosh, Mac OS X, and Finder are trademarks of Apple Computer, Inc. PowerPC is a registered trademark of International Business Machines Corporation. CodeWarrior is a trademark of Metrowerks, Inc.  St. Clair Software, Default Folder X, and the St. Clair Software logo are trademarks of St. Clair Software.

Other brand names, software titles, company names or products mentioned in this documentation are trademarks, registered trademarks, or tradenames of their respective holders.