MacAddict 118/MacAddict 118 2006-06.toast/Software/Internet & Communication/Advanced Link Manager 2.1 (trial).dmg/eula.txt

Text File | 2006-03-24 | 10KB | 183 lines

End-User License Agreement

Please read this agreement carefully before using Advanced Link Manager. By
installing and using our software, you acknowledge that you have read this
agreement, understand it and agree to be bound by its terms and conditions.

This Advanced Link Manager End-User License Agreement ("Agreement") is a legal
agreement between you (either an individual or a single entity known as
"Customer") and Caphyon Ltd., which owns a proprietary computer software
(collectively known as "Advanced Link Manager" or "Software"). By installing,
copying, or otherwise using the Software or any Software Updates, Customer
agrees to be bound by the terms of this Agreement. If Customer does not agree to
the terms of this Agreement, do not install, copy, or use the Software,
including all Software Updates that Customer received as part of the Software
(each, an "Update").

By installing, copying, or otherwise using an Update, Customer agrees to be
bound by the additional license terms that accompany such Update. If Customer
does not agree to the terms of the additional license terms that accompany the
Update, disregard the Update and the additional license terms that accompany the
Update. In this event, Customer's rights to use the Software shall continue to
be governed by the then-existing Agreement.


1. Copyright

All title and copyrights in and to the Software (including but not limited to
any software components, product documentation and associated media, sample
files, extension files, tools and utilities, miscellaneous technical
information, collectively referred to herein as the "Software"), and any copies
of the Software, are owned by Caphyon Ltd. The Software is protected by US
copyright laws and international treaty provisions. Therefore, you must treat
the Software like any other copyrighted material, except that Customer may
either (i) make one copy of the Software solely for backup or archival purposes,
provided Customer reproduces and includes Caphyon Ltd.'s copyright and
trademark notices contained on the original disk labels on such backup copy, or
(ii) transfer the Software to a hard disk, provided Customer keeps the original
solely for backup and archival purposes. The Software is licensed, not sold.


2. Grant of License

a. Caphyon Ltd. grants Customer a 30 day free trial license for testing
purposes only. After 30 days, Customer must buy the Software or cease using it
altogether.

b. Caphyon Ltd. grants Customer a non-exclusive license to use the Advanced
Link Manager computer software. Beyond the right to use the Software, this
license also entitles the Customer to free support, free search engine updates
and product upgrades. These additional benefits are time limited and subject to
the maintenance plan purchased or included in the license.

c. Advanced Link Manager shall be deemed accepted by Customer upon payment of
the Software by Customer.

3. Other Restrictions

a. The Software is the sole and exclusive property of Caphyon Ltd.,
including all applicable rights to patents, copyrights, trademarks and trade
secrets and is provided for Customer's exclusive use for the purposes of this
Agreement and will be held in confidence.

b. Customer will not remove any designation mark from any supplied material that
identifies such material as belonging to or developed by Caphyon Ltd.
Customer agrees not to disassemble, decompile, reverse engineer or otherwise
reduce the Software to perceptible form.

c. Customer may not rent, lease, or sub license the Software.

d. Customer may not install and run the Software from a network server, or use
the Software on different computers, unless the user on all computers is the
same.

e. Customer may permanently transfer all of Customer's rights under this
Agreement, provided Customer retains no copies, Customer transfers all of the
Software (including all component parts, the media and printed materials, any
upgrades, and this Agreement), Customer provides Caphyon Ltd. notice of
Customer's name, company, and address and the name, company, and address of the
person to whom Customer is transferring the rights granted herein, and the
recipient agrees to the terms of this Agreement and pays to Caphyon Ltd. a
transfer fee in an amount to be determined by Caphyon Ltd. and in effect at
the time in question. If the Software is an upgrade, any transfer must include
all prior versions of the Software. If the Software is received as part of a
subscription, any transfer must include all prior deliverables of Software and
all other subscription deliverables. Upon such transfer, Customer's license
under this Agreement is automatically terminated.

f. Customer may use or transfer the Updates to the Software only in conjunction
with Customer's then-existing Software. The Software and all Updates are
licensed as a single product and the Updates may not be separated from the
Software for use at any time.

g. We cannot guarantee that the Software will work for all times. If you change
your operating system, the software may not work anymore. We cannot guarantee
the support of special search engines in the Software. The removal of one or
more special search engines is no reason for a refund.

h. All title and intellectual property rights in and to the content which may be
accessed through use of the Software are the property of the respective content
owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This Agreement grants you no rights to use such
content.

i. Customer must make sure that it is legal to use the software in Customer's
country or jurisdiction with the supported search engines. Caphyon Ltd. only
provides a license to the software. It's the customers responsibility to make
sure that Customer is allowed to use the software with the supported search
engines.

j. Some search engines may not allow Internet access through automated software.
It's the sole responsibility of the Customer to make sure that Customer doesn't
use these search engines with the Software. Customer must read the terms and
conditions of those search engines that Customer intends to use with the
Software prior using them with the Software. If the search engine does not allow
the use of automated software in Customer's country, Customer must not use the
corresponding search engine with the Software. Search engines can change their
terms and conditions at any time so it's the sole responsibility of the Customer
to check them regularly before using the Software.

k. All trademarks are owned by their respective holders.


4. Termination

Without prejudice to any other rights, Caphyon Ltd. may terminate this
Agreement if Customer fails to comply with the terms and conditions of this
Agreement. In such event, Customer must destroy all copies of the Software in
any form and all of its component parts.


5. Disclaimer of Warranty

a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Caphyon Ltd. DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. IF THE SEARCH
ENGINES CHANGE THEIR FORMAT, THE APPLICATION MAY NOT WORK. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.

b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL Caphyon Ltd. BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Caphyon Ltd. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

c. CAPHYON LTD SHALL BE RELIEVED OF ANY AND ALL OBLIGATIONS WITH RESPECT TO
THIS SECTION FOR ANY PORTIONS OF THE SOFTWARE THAT ARE REVISED, CHANGED,
MODIFIED, OR MAINTAINED BY ANYONE OTHER THAN Caphyon Ltd.


6. Additional Copyright information about "JFreeChart"

Portions of this software are Copyright (c) 2000-2003, by Simba Management
Limited. http://www.jfree.org/

JFreeChart is licensed under the terms of the GNU Lesser General Public Licence
(LGPL). For more information about the LGPL, please refer to the Free Software
Foundation website (http://www.gnu.org/).

The latest version of the JFreeChart library can be obtained from:
http://www.jfree.org/jfreechart/index.html


7. Governing Law

This Agreement shall be construed and the legal relation between the parties
determined in accordance with US law.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND
Caphyon Ltd. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND Caphyon Ltd.
RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing
signed by a duly authorized representative of Caphyon Ltd.

Copyright (c) 2002-2005 Caphyon Ltd.