END-USER LICENSE AGREEMENT FOR MEDIAMAN SOFTWARE
IMPORTANTREAD CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and He Shiming (The
Author) for the MediaMan software that accompanies this EULA, which
includes associated media and MediaMan Internet-based services ("Software").
An amendment
or addendum to this EULA may accompany the Software. YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
USING THE SOFTWARE. IF
YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN
IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE.
The Author grants you the following rights provided that you comply
with all terms and conditions of this EULA:
1.1 Installation and use. You may:
(a) install and use a copy of the Software on one personal computer
or other device; and
(b) install an additional copy of the Software on a second, portable
device for the exclusive use of the primary user of the first copy of
the Software.
1.2 License Grant for Media Elements. The Software may include certain
photographs, clip art, shapes, animations, sounds, music and video clips
that are identified in the Software for your use (together "Media
Elements"). You
may copy and modify the Media Elements, and license, display and distribute
them, along with your modifications as part of your software products
and services, including your web sites, but you are not licensed to do
any of the following:
You may not sell, license or distribute copies of the Media Elements
by themselves or as part of any collection, product or service if the
primary value of the product or service is in the Media Elements.
You may not grant customers of your product or service any rights
to license or distribute the Media Elements.
You may not license or distribute any of the Media Elements that
include representations of identifiable individuals, governments, logos,
initials, emblems, trademarks, or entities for any commercial purposes
or to express or imply any endorsement or association with any product,
service, entity, or activity.
You may not create obscene or scandalous works using the Media
Elements.
1.3 License Grant for Documentation. The documentation that accompanies
the Software is licensed for internal, non-commercial reference purposes
only.
2. RESERVATION OF RIGHTS AND OWNERSHIP.
The Author reserves all rights not expressly granted to you in this
EULA. The Software is protected by copyright and other intellectual property
laws and treaties. The Author own the title, copyright, and other intellectual
property rights in the Software. The Software is licensed, not sold. This
EULA does not grant you any rights to trademarks or service marks of Microsoft.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION,
AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
4. NO RENTAL/COMMERCIAL HOSTING.
You may not rent, lease, lend or provide commercial hosting services
with the Software.
5. LINKS TO THIRD PARTY SITES.
The Author is not responsible for the contents of any third-party sites
or services, any links contained in third-party sites or services, or
any changes or updates to third-party sites or services. These links and
access to third-party sites and services are provided to you only as a
convenience.
8. ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, add-on components, or Internet-based
services components, of the Software that The Author may provide to you
or make available to you after the date you obtain your initial copy of
the Software, unless they are accompanied by separate terms. The Author
reserves the right to discontinue Internet-based services provided to
you or made available to you through the use of the Software.
9. NOT FOR RESALE SOFTWARE.
Software identified as "Not for Resale" or "NFR,"
may not be sold or otherwise transferred for value, or used for any purpose
other than demonstration, test or evaluation.
10. SEPARATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may
not be separated for use on more than one device.
11. SOFTWARE TRANSFER.
Internal. You may transfer your copy of the Software to a different
device. After the transfer, you must completely remove the Software from
the former device. Transfer to Third Party. If you are the person who
initially licensed the Software, you may make a one-time permanent transfer
of this EULA, Software and Certificate of Authenticity (if applicable)
to another end user, provided that you do not retain any copies of the
Software. This transfer must include all of the Software (including all
component parts, the media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity). The transfer may
not be an indirect transfer, such as a consignment. Prior to the transfer,
the end user receiving the Software must agree to all the EULA terms.
13. TERMINATION.
Without prejudice to any other rights, The Author may terminate this
EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software and all of
its component parts.
14. NO WARRANTY
MEDIAMAN IS SOLD "AS IS" AND WITHOUT ANY WARRANTY AS TO MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES EITHER EXPRESSED
OR IMPLIED. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS
OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
16. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is
included with the Software) is the entire agreement between you and The
Author relating to the Software and the support services (if any) and
they supersede all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software or any other
subject matter covered by this EULA. If any provision of this EULA is
held to be void, invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect.
Should you have any questions concerning this EULA, or if you desire
to contact The Author for any reason, please visit MediaMan on the World
Wide Web at http://www.imediaman.com/
|