READ THE FOLLOWING AGREEMENT CAREFULLY AND COMPLETELY
BY RUNNING THE INSTALLATION PROGRAM "SETUP.EXE" AND CLICKING ON THE "I ACCEPT" BUTTON OR PROCEEDING WITH THE INSTALLATION OF THIS SOFTWARE OR OPENING OR ACCESSING THE FILES THAT MAKE UP THE SOFTWARE OR DOCUMENTATION YOU CONSENT TO YOUR ACCEPTANCE OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT OPEN OR ACCESS THE FILES THAT MAKE UP THE SOFTWARE AND DISCONTINUE THE INSTALLATION PROCESS BY CLICKING ON THE "I DO NOT ACCEPT" BUTTON AND EXIT THE SETUP PROGRAM AND DELETE ALL FILES THAT MAKE UP THE SOFTWARE FROM YOUR COMPUTER SYSTEM.
END USER LICENSE AGREEMENT
for Job Pointer v2
This is a legal and binding agreement between Dog-ear Development Company, hereinafter called "Dog-ear", located at 1260 West Turkeyfoot Lake Road, Barberton, Ohio 44203 USA and you, hereinafter called "you" or "Licensee", whether an individual or legal entity, for the software application program Job Pointer v2 and its associated files.
This license becomes effective when you access or open the files making up the Job Pointer v2 Application or Documentation on a computer system or proceed with installation of the Software. You agree that certain restrictions under this License Agreement only apply to your use of Job Pointer v2 by you as a non-registered user of Job Pointer v2 or, as the case may be, to your use of Job Pointer v2 by you as a registered user of Job Pointer v2.
This license agreement has seven sections:
DEFINITIONS
COPYRIGHT NOTICE
GENERAL TERMS AND CONDITIONS
LICENSE FOR USE BY NON-REGISTERED USERS
LICENSE FOR USE BY REGISTERED USERS
IMPLIED WARRANTIES, DISCLAIMER, INDEMNIFICATION
REDISTRIBUTION OF SOFTWARE
DEFINITIONS
In this License Agreement, the following definitions apply:
"Dog-ear" means Dog-ear Development Company;
"Licensee" or "you" means you, the licensee of the Software;
"Application" means the Job Pointer binary executable file and associated files including but not limited to executable, graphics, icons and text files which are used by or generated by the Job Pointer binary executable;
"Documentation" means user manuals, Help files, ReadMe files and associated computer files including but not limited to graphics and text files, which refer to or apply to the Application;
"Software" means the Job Pointer v2 Application and associated files and its Documentation and associated files;
"Non-registered user" means you if you use the Software and have not purchased it;
"Non-registered copy" means a copy of the Software that has not been purchased;
"Registered user" means you if you have purchased the Software;
"Registered copy" means a copy of the Software that has been purchased;
"JobPointer.com" means the web site Dog-ear makes available to users and interested parties for information about the Software, located at the URL http://jobpointer.com/ ;
and "Authorized download sites" means internet web sites and ftp servers operated and maintained by third parties to which Dog-ear provides the Software for redistribution to the public in a common archive format. A list of authorized download sites is available at the JobPointer.com web site.
COPYRIGHT NOTICE
The Job Pointer Application, its Documentation, and related materials are copyrighted 1997-2000 by Michael J. Abernathy and Jeffrey B. Rios. All rights reserved.
It is against the law to copy or reproduce any part of the Job Pointer Application or Documentation, except as permitted by the Copyright Act of the United States, Title 17, United States Code.
GENERAL TERMS AND CONDITIONS
By using the Software provided with this license you agree to the terms and conditions of the complete License Agreement either as either a non-registered user or, as the case may be, a registered user.
You agree the protections included in this License Agreement including all reservations of rights and limitations of liabilities, extend to Software provided under this License by both Dog-ear and any third-party provider.
Job Pointer Software is a compilation of internet addresses known as Uniform Resource Locators ("URLs"), electronic mail ("email") addresses and routines for accessing or executing computer readable code ("bookmarks"), organized in a unique directory classification composition and delivered in a proprietary database application with a proprietary user interface for use on personal computer systems.
You acknowledge that the Application and Documentation are proprietary products of and shall remain the property of Dog-ear or its suppliers or assignees. You will not disclose or otherwise make available to any third party the Application, Documentation, or information contained therein, in any form, except for purposes limited to and specifically related to your use of the Software in accordance with this license.
Licensee may not sell or otherwise transfer or distribute this Software or copies of Software to another party, except as provided in the "Redistribution of Software" section of this License Agreement.
Licensee may not copy, clone, reverse assemble, disassemble, reverse compile, de-compile, decode, un-encrypt or otherwise reduce, convert or transform any part of the Application to human readable form or any form for use with other computer programs. You may not adopt any part of the Software as your own.
You may make one copy of the Software that shall serve as a backup or replacement copy in case of damage to the original files making up the Software. You may not in any way remove or alter copyright notices or licensing information from any part of the Software or Documentation. You are permitted use of the files contained in the Documentation in printed documents, royalty-free, for personal and non-commercial use.
Dog-ear does not grant you any rights to copyrights, registered or unregistered trademarks, trade names, trade secrets, patents, proprietary computer code, proprietary data in computer accessible format or any other rights or license with respect to the Software. All rights not specifically granted to you by this license shall remain property of Dog-ear.
This license agreement is governed by the laws of the State of Ohio, USA and the United States of America. Should you have any questions concerning this license, please contact the developer in writing at Dog-ear Development Company, Job Pointer Licensing Information, 1260 West Turkeyfoot Lake Road, Barberton, Ohio 44203 USA.
LICENSE FOR USE BY NON-REGISTERED USERS
You may use Job Pointer v2 as you received it from Dog-ear or its authorized download sites in accordance with all of the terms and conditions listed in this section, "LICENSE FOR USE BY NON-REGISTERED USERS" and all other terms and conditions of this License Agreement.
Personal, Non-commercial Use
Dog-ear grants you a non-exclusive, non-transferable license for personal and non-commercial use only. You are licensed to use the Software and view its Documentation on a single computer system. You may not install the software on a network server.
Commercial Use
The Software is licensed solely for your personal and non-commercial use. You may not use the Software as part of your employment or for any commercial endeavor or entity for which you act as an agent or assignee or in which you have an interest, except to evaluate the software for a period of 10 days after which time you agree to un-install the Software and erase the Application, Documentation and associated files from the computer system on which you installed it, or purchase the Software and become a registered user. You may not install the software on a network server.
Functionality for Non-registered Users
Job Pointer v2 for use by non-registered users has certain functions and features disabled, which you agree not to attempt to access or use in any way or by any process or method other than by purchasing Job Pointer v2 and becoming a registered user.
No Warranty for Non-registered Users
Dog-ear does not guarantee, warrant, or make any representations that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Any other software accompanying the Software is not warranted by Dog-ear. Neither Dog-ear nor any of its third-party suppliers warrants or guarantees the results from use of the Software.
Dog-ear does not warrant the accessibility or availability of any internet service, URL, bookmark or email address linked to by the Software. Dog-ear does not warrant that the content presented at any internet service, URL or bookmark linked to by the Software is suitable for viewing or use by you.
LICENSE FOR USE BY REGISTERED USERS
You may use Job Pointer v2 as it is enabled after your purchase of the Software from Dog-ear or its authorized resellers as listed on the JobPointer.com web site in accordance with all of the terms and conditions listed in this section, "LICENSE FOR USE BY REGISTERED USERS" and all other terms and conditions of this License Agreement.
Personal and Commercial Use
After you purchase the Software, Dog-ear grants you a non-exclusive, non-transferable license for personal and commercial use. You are licensed to use the Software and view its Documentation on multiple computer systems provided you do not use more than one single licensed copy of the Software simultaneously. You may install the software on a network server provided that server is not open to public access and no more than one user at a time may access or use the Software.
Functionality for Registered Users
After you purchase the Software, all functions and features for Job Pointer v2 will be enabled as described in the Documentation and/or on the JobPointer.com web site.
Warranty for Registered Users
Dog-ear warrants that the Software will conform in all material respects to Dog-ear's published specifications when operated on and with the equipment specified in the Documentation. Dog-ear reserves the right to correct Documentation due to typographical or clerical error and due to changes in third-party software. Dog-ear reserves the right to correct errors in the Software by publishing and making available new Software.
Dog-ear does not warrant the accessibility or availability of any internet service, URL, bookmark or email address linked to by the Software. Dog-ear does not warrant that the content presented at any internet service, URL or bookmark linked to by the Software is suitable for viewing or use by you.
In the event of any breach of this warranty, provided notice of the breach is given in writing to Dog-ear within thirty (30) days after your purchase of the Software, Dog-ear will, at its option, repair or replace the Software or terminate the License and refund any charges paid by Licensee. This warranty is given by Dog-ear and not by any of its third-party suppliers. Neither Dog-ear nor any of its third-party suppliers warrants or guarantees the results from use of the Software.
IMPLIED WARRANTIES, DISCLAIMER, INDEMNIFICATION:
Except as otherwise required by law, there is no warranty for non-registered users of the Software. Except as otherwise required by law, the express warranty in the warranty article of this license for registered users is Dog-ear's exclusive warranty and is in lieu of all implied warranties, including the implied warranties of fitness for a particular purpose, and the remedies stated therein are the exclusive remedies for any breach of warranty. Dog-ear will not be liable in any event for any consequential, special, incidental, or indirect damages arising out of or in connection with this license, the performance of the Software or its use in any and all cases. Dog-ear does not warrant or guarantee that the Software will accurately convey all characters or marks. Licensee agrees to assume all risk and liability for damages resulting from the failure of the Software to correctly identify such characters or marks. Dog-ear does not warrant or guarantee that the Software will provide accurate information at the time of use by Licensee, or that the Software will provide links to active internet addresses or current email addresses. Dog-ear's maximum liability in connection with or arising out of this license shall be the amount paid by the Licensee to Dog-ear or its assigned distributors for the Software.
Licensee is responsible for the selection of Software to achieve its intended results, use of Software, and the results obtained therefrom. Licensee agrees to indemnify and hold Dog-ear and its suppliers harmless with respect to all claims by third parties arising out of Licensee's use of the results of operation of the Software.
In no event shall Dog-ear or any of its suppliers be liable for damages including but not limited to loss of profits, interruption of business, loss of information, or any other pecuniary losses arising from the use of or the inability to use this Software, whether or not the Licensee has been advised of the possibility of such damages.
REDISTRIBUTION OF SOFTWARE
Licensee may give copies of the Software to other individuals provided those copies are exact duplicates of the complete distribution archive of all files and programs as originally obtained from Dog-ear or its authorized download sites. You may not redistribute, sell, publish or otherwise make available any individual programs or files from the Application or Documentation. You may not redistribute, sell, publish or otherwise make available the original distribution archive in a mass medium or on a publicly accessible computer or network server without permission from Dog-ear.
Dog-ear makes the Software available at publicly accessible internet sites owned and operated by third parties for the purpose of distribution. Those organizations to which Dog-ear provides the Software for the purposes of distribution are granted permission under this License Agreement to make the Software available to the public either as a copy of the original archive or by re-formatting the archive, provided the new distribution archive includes all the programs and files duplicated exactly from the original distribution as provided by Dog-ear, and so that when the Software is installed from the new distribution archive the Application is a non-registered copy.
