Palette License Agreement
This is the Shareware Software License Agreement ("Agreement") for Palette, which is available for download from http://www.cocoamug.com.  While Palette is shareware subject to this Agreement, it retains all of its copyright protection and may be used only in accordance with the Agreement.
Palette LICENSE AGREEMENT
CAREFULLY READ THIS LICENSE AGREEMENT.  BY  DOWNLOADING, INSTALLING, OR USING THE COSMOPOD SOFTWARE PROGRAM ("PROGRAM" OR "COSMOPOD"), THE INDIVIDUAL SEEKING TO LICENSE THE PROGRAM ("LICENSEE" OR "YOU") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE PROGRAM, AND YOU DO NOT BECOME A LICENSEE.  
1. LICENSE GRANT.  As used in this Agreement, "we," "us", "our", and "ours," shall mean Jean-Matthieu Schaffhauser and their affiliates (which term shall include family members).  Licensee is hereby granted a non-exclusive and non-transferable license ("License") to download and use, for personal purposes on Licensee's personal computers only, the executable code version of the Program, provided any copy must contain all of the original proprietary notices.  The term Program includes any associated documentation, as well as modified versions and updates.  This License does not entitle Licensee to receive hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Program, if any.  Licensee may not customize or redistribute the Program, including providing the actual Program executable file, except that Licensee may provide a copy of the most current version of the Program’s disk image (which can be confirmed by checking www.cocoamug.com/palette) so long as the person or party to whom the Program is provided is required to, and does, agree to this License; provided, however, that in no event may Licensee provide only the actual Program executable file.  The Program was designed for personal computer users who are interested in a program that allows users to streamline the process of collecting associated files so you can be confident that you completely and thoroughly remove an application that you wish to remove from your personal computer, and thus is not designed nor intended for use in connection with any commercial, manufacturing, machine, or business environment, including, but not limited to, fault-tolerant environments, hazardous environments requiring fail-safe performance, such as in the operation of, for example, weapons systems, power generating facilities, mechanical equipment, aircraft navigation, communication systems, air traffic control, life support machines, or other systems in which the failure of the Program could lead directly or indirectly to economic loss, personal injury, death, physical, environmental, or other damage.  Licensee expressly acknowledges that by using the Program, Licensee may permanently and irretrievably lose access to data.  Licensee expressly agrees not to use the Program for unintended purposes or any purpose beyond the scope of the License provided herein.  Licensee agrees, at its expense, to defend and hold us and our affiliates harmless from any use beyond the Program's intended purposes or License, including, but not limited to, any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Program has injured or otherwise violated any right of Licensee or any third party or violates any law.
2. RESTRICTIONS.  While the Program is shareware, the copyright holders reserve all proprietary rights and all right, title, and interest in the Program, and reserve the right to reclassify this software as a non-shareware program at a later date.  Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) copy, modify, or create any derivative works of the Program or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Program (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Program; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Program; or (v) publish any results of benchmark tests run on the Program to a third party without our prior written consent, except for use in reviewing the Program or communicating with other interested users about the Program.
3. TERMINATION. Without prejudice to any other rights, this Agreement may be terminated by us at any time, for any reason or no reason, including if Licensee breaches any of its terms and conditions, in which case this Agreement shall terminate automatically.  You may terminate this Agreement by deleting the Program from your computer.  Upon termination for any reason, Licensee shall remove all copies of the Program from any computers or other storage devices on which the Program has been stored.
4. PROPRIETARY RIGHTS. Copyright and other law protects this Program and any associated material, and we retain title to and ownership in the copyright of the Program and any associated materials.  Licensee acknowledges such ownership and rights and will not take any action to jeopardize, limit, or interfere in any manner with our ownership of or other rights with respect to the Program, which is protected by copyright and other laws and by international treaties.  Programs, company names, product names, logos, icons, mottos, and trademarks owned by others and used and/or referenced in the Program, associated documentation, or related websites may be copyrighted, trademarked or registered trademarked, or otherwise protected, by their respective owners, and we make no claim of ownership with respect to any such intellectual property.
5. DISCLAIMER OF WARRANTY.  THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE WITHOUT ERROR OR ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING, REGARDLESS OF ANY KNOWLEDGE OF LICENSEE'S PARTICULAR NEEDS OR USES.  LICENSEE'S USE OF THIS PROGRAM IS AT ITS SOLE RISK, AND THE ENTIRE RISK AS TO THE QUALITY, USE, AND PERFORMANCE OF THE PROGRAM, AS WELL AS ANY OTHER POSSIBLE RISK, FORESEEN OR UNFORESEEN, IS BORNE BY LICENSEE.  SHOULD THE PROGRAM PROVE DEFECTIVE IN ANY RESPECT, LICENSEE ASSUMES THE ENTIRE COST OF ANY SERVICE, CORRECTION, OR REPAIR.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF THE PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
WE MAKE NO WARRANTY WHATSOEVER, INCLUDING THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE PROGRAM, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PROGRAM WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
6. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, CONSEQUENTIAL, PERSONAL INJURY AND/OR BODILY HARM DAMAGES SOUGHT AND/OR CLAIMED BY LICENSEE OR THIRD PARTIES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, SAVINGS, OR OPPORTUNITIES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, CORRUPTION OF DATA OR OTHER SOFTWARE, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PASSWORDS, SERIAL NUMBERS, OR ANY OTHER TYPE OF DATA, AND/OR ANY AND ALL OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, OR FOR ANY CLAIM BY ANY OTHER PARTY.  WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PROGRAM AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
7. EXPORT CONTROL.  Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and to not use, transfer, ship or export or re-export the Program in violation of any such restrictions, laws or regulations, or without all necessary approvals.
8. MISCELLANEOUS.  (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by the parties, except that we may change the terms of the License. (c) This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions. (d) Unless otherwise agreed in writing, the parties shall expend all reasonable efforts necessary to resolve any disputes relating to this Agreement through good faith negotiations, and if disputes remain unresolved after such negotiations, the parties agree to utilize a simple and cost effective form of alternative dispute resolution, which may be conducted through telephonic or electronic means, prior to the initiation of any court action.  In the event that negotiations and alternative dispute resolution fail to resolve a dispute, any such dispute shall be subject to the exclusive jurisdiction of state and federal courts in Massachusetts, and you expressly consent to the exercise of personal jurisdiction and venue in said courts in connection therewith. (e) We may change the terms of this Agreement from time to time.  By continuing to use the Program after notice of such change has been provided on a website relating to Palette for the first time, Licensee signifies its consent to the revised terms. (f) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) A waiver by us of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (i) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. (j) This Agreement shall be binding upon and shall inure to the benefit of us and our affiliates, Licensee, and all heirs, successors, and permitted assigns.

© 2007 by Jean-Matthieu Schaffhauser.
All rights reserved worldwide.