SmartTrinkets, Inc. Software License Agreement
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE.
The software ("Software") provided along with this License, is licensed, not sold, to you by SmartTrinkets Incorporated ("SmartTrinkets ") for use only under the terms of this License, and SmartTrinkets reserves any rights not expressly granted to you. You own the media on which the Software is recorded, but SmartTrinkets and its licensors retain ownership of the Software itself.
1. License. This limited, non-exclusive License allows you to:
(a) Use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory or installed on the permanent memory of a computer.
(b) Make one copy of the Software in machine readable form solely for backup purposes. Additionally, only so long as the Software is installed only on the permanent memory of a single computer which is not accessible by multiple computers and that single computer is used by one user for at least 80% of the time the computer is in use, that same user may also make one copy of the Software to use on a portable or home computer which is primarily used by such user. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by SmartTrinkets. You acknowledge that making additional copies or duplicating the software by any other means including electronic transmission is illegal. You may not copy the printed materials, if any, that accompany the software, or duplicate copies of user documentation.
2. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, NETWORK, PROVIDE FREE, OR CREATE DERIVATIVE WORKS OF, OR BASED UPON, THE SOFTWARE OR PART THEREOF.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from SmartTrinkets or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 5, 6 and 7 will survive any termination.
4. Limitation of Liability and Damages. IN NO EVENT WILL SMARTTRINKETS, OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SMARTTRINKETS OR A SMARTTRINKETS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
5. Consumer Information. As a condition of this License, SmartTrinkets, Inc may gather end-user registration and hardware and software version information. This information will be used to notify customers and make decisions about support, product and business issues. SmartTrinkets, Inc will not use customer information except as permitted by applicable law.
6. General. This Agreement sets forth SmartTrinkets' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and SmartTrinkets Inc, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any right that SmartTrinkets or its Licensors may have under trade secret, copyright, patent, trademark or other laws. The Representatives of SmartTrinkets are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on SmartTrinkets, other than in writing signed by an officer of SmartTrinkets. Accordingly, any such additional statements are not binding on SmartTrinkets and you should not rely upon such statements.