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- NOTETAB LIGHT END USER LICENSE AGREEMENT (Version: June 2008)
-
- This End User License Agreement (this "Agreement"), governs the
- terms and conditions of the Licensee's access and use of NoteTab
- Light software ("NoteTab Light"), and is made between the Licensee
- ("you") and Fookes Software Ltd, La Petite Fin 27, 1637 Charmey,
- Switzerland ("Fookes Software"). However, if you are using NoteTab
- Light as or on behalf of an entity, such as a corporation,
- partnership, limited liability company or other entity, the term
- "you" used below refers to the entity which will be bound by this
- Agreement. You represent and warrant that you have power and
- authority to enter into this Agreement on behalf of the entity.
- This Agreement does not address any third-party or free or open
- source software separately licensed to you.
-
- By clicking the "I accept the Agreement" option during setup
- and/or by using NoteTab Light, you confirm your acceptance of, and
- agree to be bound by, this Agreement. If you do not agree to this
- Agreement or if you do not understand it, do not install or use
- NoteTab Light.
-
- In case you have another written agreement directly with Fookes
- Software, such written agreement prevails in the event of any
- conflict with the terms and conditions of this Agreement.
-
- 1. Definitions
-
- "Software" means the version of NoteTab Light in executable form
- and documentation.
-
- "Evaluation Period" means a limited evaluation period of usually
- no more than one month, beginning on the day that you first enable
- trial features.
-
- "Trial Mode" means a state of the Software, so identified, to be
- used only to review, demonstrate and evaluate for a limited time
- period extra commercial features, which are not available by
- default in NoteTab Light. The trial features will cease operating
- after an Evaluation Period due to an internal mechanism within the
- Software; NoteTab Light will then continue operating in its
- default freeware mode.
-
- "Use" means loading, installing, executing, displaying, performing
- and/or transmitting the Software for your internal business
- purposes, and not for distribution or resale.
-
- 2. Software License Grants
-
- 2.1. License Grant
-
- Fookes Software grants you a license to Use the Software without
- charge on any number of computers, including in a business
- environment, as long as the terms of this Agreement are respected.
- If you choose to enable Trial Mode, you are granted a time-limited
- Evaluation Period, after which time you may not use the trial
- features unless you purchase a license for NoteTab Pro and/or
- NoteTab Std.
-
- 2.2 License Restrictions
-
- The Software is licensed, not given or sold. This Agreement only
- gives you certain limited rights (sections 2.1 and 11). Fookes
- Software reserves all other rights. Especially you may not: (a)
- modify, adapt, translate, rent, lease or sublicense (including
- offering the Software to third parties on an application service
- provider, web service or time sharing basis) the Software except
- to the extent explicitly permitted in this Agreement; (b) disable
- or block any licensing, rights management or control features of
- the Software except as an intended part of the Software's
- programming features; (c) assign, loan, or resell the Software;
- (d) modify, decompile, disassemble or reverse engineer the
- Software; (e) remove or modify any legal notices in the Software.
-
- 3. Technical Support
-
- Use of NoteTab Light does not entitle you to technical support
- from Fookes Software. You therefore accept that Fookes Software
- has no obligation to provide any form of technical support to you
- in relation to this Software.
-
- 4. Ownership
-
- The Software is proprietary to Fookes Software. The Software is
- licensed, not given or sold, to you notwithstanding any reference
- herein to "purchases." You acknowledge and agree that: (a) the
- Software is protected under U.S. copyright and other national and
- international copyright laws; (b) Fookes Software and its
- licensors retain all copyrights and other intellectual property
- rights in the Software; (c) there are no implied licenses under
- this License, and any rights not expressly granted to you
- hereunder are reserved by Fookes Software; (d) you acquire no
- ownership or other interest (other than your license rights) in or
- to the Software; and (e) Fookes Software owns all copies of the
- Software, however made. You agree that you will not, at any time,
- contest anywhere in the world Fookes Software's ownership of or
- rights in the Software. You have no rights hereunder to use any
- trademark or service mark belonging to Fookes Software.
-
- 5. Bundling
-
- In no case may the Software be bundled with a hardware or software
- product without written permission from Fookes Software.
-
- 6. Distribution License
-
- Provided that you are distributing the then-current version of
- NoteTab Light (without any feature-unlocking file and/or
- instructions) you are hereby licensed to make as many copies of
- NoteTab Light as you wish; give exact copies of the original
- NoteTab Light package to anyone; and distribute NoteTab Light in
- its unmodified form via electronic means (Internet, BBS's,
- software distribution libraries, CD-ROMs, DVDs, etc.). You may
- charge a small distribution fee for NoteTab Light, but you must
- not represent in any way that you are selling the software itself.
- All copies must reproduce copyright notices.
-
- You may not make NoteTab Light available on any site, CD-ROM, DVD,
- or with any package, or with any other medium or service, which
- makes available or contains viruses, virus source code, virus
- construction programs, virus creation material, software cracks,
- spyware, malware or other malicious code or material.
-
- Permission to distribute NoteTab Light is not transferable,
- assignable, saleable, or franchisable, and any attempt to do so is
- void. Each entity wishing to distribute NoteTab Light must
- independently satisfy the terms of the foregoing distribution
- license.
-
- 7. Compliance
-
- You shall conduct your business in compliance with all laws and
- regulations in any way applicable to the Software or to the
- performance of your obligations under this Agreement. Without
- limiting the generality of the foregoing, you shall not take any
- action that would violate, or cause Fookes Software to be in
- violation of, any applicable law of the United States or any other
- jurisdiction including but not limited to the U.S. Foreign Corrupt
- Practices Act and all import and export laws, regulations and
- restrictions of the United States or any foreign agency or
- authority.
-
- 8. U.S. Government Rights
-
- This is a notice to U.S. Government End Users:
-
- The Software and the documentation which accompanies the Software
- are "Commercial Items," as that term is defined at 48 C.F.R.
- º2.101, consisting of "Commercial Computer Software" and
- "Commercial Computer Software Documentation," as such terms are
- used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable.
- Consistent with 48 C.F.R. º12.212 or 48 C.F.R. ºº227.7202-1
- through 227.7202-4, as applicable, the Commercial Computer
- Software and Commercial Computer Software Documentation are being
- licensed to U.S. Government end users (a) only as Commercial Items
- and (b) with only those rights as are granted to all other end
- users pursuant to the terms and conditions herein. Fookes
- Software Ltd, La Petite Fin 27, 1637 Charmey, Switzerland.
-
- 9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
-
- THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. FOOKES SOFTWARE
- DISCLAIMS as far as legally permissible ALL WARRANTIES RELATING TO
- THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING
- BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY
- OR NON-INFRINGEMENT . FOOKES SOFTWARE DOES NOT WARRANT THAT THE
- SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE
- OR ERROR-FREE. NEITHER FOOKES SOFTWARE NOR ANYONE ELSE WHO HAS
- BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
- SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT,
- CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT
- LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF
- THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF FOOKES SOFTWARE
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE
- PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
- PERFORMANCE OF THE SOFTWARE.
-
- THE ENTIRE LIABILITY OF FOOKES SOFTWARE AND ITS SUPPLIERS, AND
- YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR
- ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY
- PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE
- FOOKES SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL
- OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
- YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
- RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED
- WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR
- BE FOREVER BARRED.
-
- YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH
- OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY
- RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO
- THE LOSS OF ANY SUCH DATA OR FILES.
-
- FOOKES SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE
- OF THE SOFTWARE.
-
- 10. Governing Law / Jurisdiction
-
- This Agreement is as far as legally permissible governed by Swiss
- Law, subject to the express exclusion of the Vienna Sales
- Convention (United Nations Convention on Contracts for the
- International Sale of Goods, CISG, 1980.) Exclusive place of
- jurisdiction shall be the court at the registered office of Fookes
- Software.
-
- 11. Termination
-
- Fookes Software may terminate this Agreement at any time upon
- default by you of the license provisions of this Agreement, or any
- other material default by you of this Agreement not cured within
- thirty (30) days after written notice thereof. Except for Sections
- 2 and 6, all provisions of this Agreement shall survive
- termination of this Agreement.
-
- 12. Severability Clause
-
- If any provision of this Agreement is or becomes ineffective or if
- there is an omission from this Agreement, this does not affect the
- legal validity of the remaining provisions. The ineffective
- provision will be replaced by an effective provision that is as
- close as possible in economic terms to the provision wanted by the
- parties. The same procedure applies in the case of an omission.
-
- 13. General
-
- You shall not assign, delegate or sublicense any of your rights or
- obligations under this Agreement, by operation of law or
- otherwise, without prior written consent of Fookes Software, and
- any attempt without such consent shall be void. Subject to the
- preceding sentence, this Agreement binds and benefits the
- permitted successors and assigns of the parties. Fookes Software
- may change the terms, conditions and pricing relating to the
- future licensing of its Software and other intellectual property
- rights, including this Agreement, from time to time. No waiver
- will be implied from conduct or failure to enforce rights nor
- effective unless in a writing signed on behalf of the party
- against whom the waiver is asserted.
-
- There are no third-party beneficiaries to this Agreement. Fookes
- Software is not bound by additional and/or conflicting provisions
- in any purchase order or other correspondence unless expressly
- agreed in writing. This Agreement is the complete and exclusive
- statement of agreement between the parties as to its subject
- matter and supersedes all proposals or prior agreements, verbal or
- written, advertising, representations or communications concerning
- the Software.
-
-
- Last updated: 09 June 2008
-