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- EDENSOFT (TM) IS WILLING TO LICENSE ITS POPUPCOP VERSION 1.0
- SOFTWARE (THE "SOFTWARE") INCLUDING THE ACCOMPANYING
- DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT
- AND AGREE TO ALL OF THE TERMS IN THIS AGREEMENT. BY CLICKING
- ON THE "I ACCEPT" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE
- READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY
- ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE
- TERMS, EDENSOFT IS UNWILLING TO AND DOES NOT LICENSE THE
- SOFTWARE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST
- CLICK ON THE "I DECLINE" BUTTON AND DISCONTINUE THE
- INSTALLATION PROCESS. ANY USE OF THE SOFTWARE BY YOU IS
- SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
-
- 1. GRANT OF NON-EXCLUSIVE LICENSE. You may use the SOFTWARE
- without charge on an evaluation basis for thirty (30) days.
- You must pay the license fee and register your copy to
- continue to use the SOFTWARE after the thirty (30) day
- evaluation period. EdenSoft may give you a grace period of
- up to seven (7) days after the evaluation period to pay the
- license fee and register your copy.
-
- Upon enabling the registered copy, if you are an individual
- or a family, you may use the SOFTWARE on all the computers
- owned by you or your family that are located in the same
- household. If you are a business or government entity, you
- must purchase a license for each computer on which the
- software is used. You may also make one or more copies of
- the SOFTWARE for backup or archival purposes. Otherwise, you
- may not copy the registered SOFTWARE in whole or in part.
- You may permanently transfer all of your rights to the
- registered copy of the SOFTWARE under this license provided
- you transfer all copies of the SOFTWARE to the recipient,
- permanently deleting all copies of the SOFTWARE from your
- computer(s), and otherwise stop using the SOFTWARE. Any
- recipient who accepts transfer of the SOFTWARE agrees to the
- terms of this license. All rights not expressly granted
- under this license are reserved by EDENSOFT.
-
- 2. RESTRICTIONS. EDENSOFT retains all right, title, and
- interest in and to the SOFTWARE, documentations, and
- technical support, and any rights not expressly granted to
- you herein are reserved by EDENSOFT. You may not reverse
- engineer, disassemble, decompile, or translate the SOFTWARE,
- or otherwise attempt to derive the source code of the
- SOFTWARE, except to the extent (if at all) expressly
- permitted under any applicable law. If applicable law
- expressly permits such activities, any information so
- discovered or derived shall be deemed to be the confidential
- proprietary information of EDENSOFT and may not be
- misappropriated. Except as described in Section 1 above, any
- attempt to transfer any of the rights, duties or obligations
- hereunder is void. You may not rent, lease or loan the
- SOFTWARE. You may not reproduce (except as expressly
- permitted under Section 1), distribute, publicly perform,
- publicly display, modify or create derivative works of or
- based on the SOFTWARE.
-
- 3. TECHNICAL SUPPORT. Technical support (via email response)
- may be available for a limited period of time and subject to
- staff capacity if you register the SOFTWARE and pay a
- registration fee. Information regarding availability, nature
- and conditions of limited technical support may be found at
- www.popupcop.com.
-
- 4. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE
- USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE
- (INCLUDING TECHNICAL SUPPORT FOR THE SOFTWARE, IF ANY) IS
- PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND,
- EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER
- APPLICABLE LAWS, EDENSOFT EXPRESSLY DISCLAIMS ALL
- WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE, AND NONINFRINGEMENT. EDENSOFT DOES NOT
- WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
- MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
- SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
- DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE,
- EDENSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
- REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE
- IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
- OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
- EDENSOFT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A
- WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
- WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE
- LIMITED.
-
- 5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
- UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING
- NEGLIGENCE, SHALL EDENSOFT, ITS AFFILIATES OR THEIR
- DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY
- INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
- DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR
- INABILITY TO USE THE SOFTWARE, EVEN IF EDENSOFT OR ITS
- AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
- THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
- CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION
- MAY NOT APPLY. IN NO EVENT SHALL EDENSOFT'S TOTAL LIABILITY
- TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF
- ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR
- OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR
- THE SOFTWARE OR $10.
-
- 6. INDEMNITY. You agree to defend and indemnify EDENSOFT
- against all any and all claims, losses, liabilities,
- damages, costs and expenses, including attorney's fees,
- which EDENSOFT may incur as a result of or in connection
- with your breach of this Agreement.
-
- 7. TERM AND TERMINATION. This Agreement shall continue until
- terminated. You may terminate the Agreement at any time by
- deleting all copies of the SOFTWARE and all related
- information. This Agreement terminates immediately and
- automatically, with or without notice, if you fail to comply
- with any provision hereof. Additionally, EDENSOFT may at any
- time terminate this Agreement, without cause, upon notice to
- you. Upon termination you must delete or destroy all copies
- of the SOFTWARE in your possession. Sections 2 through 6 and
- 10 survive termination.
-
- 8. GOVERNMENT END USERS. If you are or are acting on behalf
- of an agency or instrumentality of the United States
- Government, the SOFTWARE, as applicable, is "commercial
- computer SOFTWARE" and "commercial computer SOFTWARE
- documentation" and pursuant to FAR 12.212 or DFARS 227 7202
- and their successors, as applicable, use, reproduction and
- disclosure of the SOFTWARE is governed by the terms of this
- Agreement.
-
- 10. CONTRACTING PARTIES. If the SOFTWARE is installed on any
- computer owned by a corporation or other legal entity, then
- this Agreement is formed by and between EDENSOFT and such
- entity. The individual executing this Agreement represents
- and warrants to EDENSOFT that they have the authority to
- bind such entity to the terms and conditions of this
- Agreement.
-
- 11. GENERAL. This Agreement is governed and interpreted in
- accordance with the laws of the State of California without
- giving effect to its conflict of laws provisions. The United
- Nations Convention on Contracts for the International Sale
- of Goods is expressly disclaimed and shall not apply. Any
- claim arising out of or related to this Agreement must be
- brought exclusively in a federal or state court located in
- Alameda County, California. You consent to personal
- jurisdiction exclusively in California. You understand that
- this means that should a dispute arise out of this
- Agreement, you may be sued in a California court, and you
- may not bring a suit anywhere outside of California. If any
- provision of this Agreement shall be invalid, the validity
- of the remaining provisions of this Agreement shall not be
- affected. This Agreement is the entire and exclusive
- agreement between EDENSOFT and you with respect to the
- SOFTWARE and supersedes all prior agreements (whether
- written or oral) and other communications between EDENSOFT
- and you with respect to the SOFTWARE.
-
- COPYRIGHT (C) 2001,2002 BY EDENSOFT.
- ALL RIGHTS RESERVED.
-
- BY CLICKING ON THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT
- YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
- BOUND BY ITS TERMS AND CONDITIONS.
-
-