SHEPHERD’S PI SOFTWARE GUMSHOE PRODUCT END-USER SINGLE COPY LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GUMSHOE PRODUCT (“GUMSHOE”). THIS IS A CONTRACT. BY CLICKING THE “ACCEPT” BUTTON TO INDICATE YOUR ACCEPTANCE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The following contract sets forth Shepherd Pi Software’s standard End User License Agreement for this Gumshoe product. If Shepherd’s Pi Software (“Shepherd’s Pi”) has granted you or your employer a written license with terms broader than those set forth below, this license does not apply to you, and you may disregard the following text and click the “Accept” button to utilize this product. If you or your employer have not been granted such a license from Shepherd’s Pi, you must read this Agreement carefully before indicating your acceptance. If you do not agree with the terms and conditions of this Agreement, decline by clicking the “Don’t Accept” button, and delete the installed copy of the Software, along with all Documentation provided to you, from your computer.
You have been provided with this Gumshoe software (“Software”) and related documentation (“Documentation”). The term “Software” shall also include any upgrades, modified versions and copies of the Software licensed to you by Rick Buck d.b.a. Shepherd’s Pi Software. Shepherd’s Pi grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. License. You may use the Software free of charge for a period of twenty-one (21) days. At the end of this twenty-one day free trial period (“Free Trial Period”) you must either (a.) send a $15.00 Licensing and Registration Fee (“Registration Fee”) to Shepherd’s Pi Software, or (b.) delete all installed copies of the Software from any computer(s) on which it was placed.
Subsequent to the Free Trial Period, if the Registration Fee has been received by Shepherd’s Pi, this License either (a.) allows you to install the Software on a single computer at a time or (b.) allows a single user to install the Software on multiple computers of which that user is the primary user as long as no more than one copy of the Software is in use at any time. During the Free Trial Period the Software may be installed and used on as many computers as you like; however, the Free Trial Period for all such copies of the Software shall be considered to be concurrent, and in no case shall any user be entitled to more than one Free Trial Period of any version or revision of Gumshoe.
Copies of the Software may be placed on electronic bulletin boards or other electronic on-line services as long as each copy is identical in form to the original Software as provided to you, including all Documentation and this License Agreement, and no fee beyond the standard connect-time charges of such services is charged for the downloading of the Software. Such copies, containing all Documentation and this License Agreement, may also be distributed to others on diskettes or other electronic media for which no fee is charged. Distribution of the Software in any other manner, including but not limited to all forms of commercial distribution, must be approved by an authorized officer of Shepherd’s Pi in writing.
2. Restrictions and Copyright. The Software is owned by Shepherd’s Pi, and its structure, organization, and code are the valuable trade secrets of Shepherd’s Pi. The Software is also protected by the United States Copyright Law and International Treaty provisions. You must make sure that any copies that you are permitted to make pursuant to this Agreement contain the same copyright and other proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software.
3. Limited Warranty and Disclaimer. YOU ARE RECEIVING THE SOFTWARE AND THE DOCUMENTATION ON AN “AS IS” BASIS. SHEPHERD’S PI DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. SHEPHERD’S PI MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SHEPHERD’S PI BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SHEPHERD’S PI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you. Also some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
4. General. This Agreement will be construed under the laws of the State of Texas, except for that body of law dealing with conflicts of law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement may only be modified in writing signed by an authorized officer of Shepherd’s Pi. If you are a U.S. Government end-user, this License of the Software conveys only “RESTRICTED RIGHTS”, and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-7013(c)(1)(ii).
