home *** CD-ROM | disk | FTP | other *** search
- SOFTWARE LICENSE AGREEMENT
-
- This License Agreement (this "Agreement") is made effective as the
- installation date between Michael Boone dba BooneDocks Software and
- the individual who will use the installed software.
-
- In the Agreement, the party who is granting the right to use the
- licensed property will be referred to as "BooneDocks", and the party
- who is receiving the right to use the licensed property will be
- referred to as "the User".
-
- The parties agree as follows:
-
- 1. GRANT OF LICENSE. BooneDocks owns FishTank Software
- ("FishTank"). BooneDocks retains title and ownership of FishTank.
- In accordance with this Agreement, BooneDocks grants the User a non-
- exclusive license to evaluate FishTank for 15 days from the time of
- installation. At the end of the 15 day evaluation period, the User
- must submit the US$15 registration fee or remove the software from
- the User's computer. If the User submits the registration fee,
- BooneDocks grants the User a non-exclusive license to use FishTank
- in accordance with this agreement.
-
- 2. INSTALLATION. The User is permitted to install copies of FishTank
- on an unlimited number of computers provided that the User is a
- single individual and is the only one who will use FishTank. If the
- User is not an individual, BooneDocks grants the User the right to
- designate on individual within the User's organization to have the
- right to use FishTank in the manner provided above.
-
- 3. DISTRIBUTION. The User is permitted to freely distribute only
- the original FishTank archive file used to make the installation.
- No other files shall be distributed, except files modified under
- the stipulations of Section 4 of this agreement. The User is not
- permitted to distribute valid name and registration code
- combinations used to register FishTank.
-
- 4. MODIFICATIONS. The User may not modify or change the FishTank
- executable file, help files, tip file, and registration related
- files in any manner. The User is permitted to modify the contents
- of the Quick Picks file (quickpick.csv).
-
- 5. DEFAULTS. If the User fails to abide by the obligations of this
- Agreement, including the obligation to make a registration payment
- when due, BooneDocks shall have the option to cancel this Agreement.
- The User shall have the option of preventing the termination of
- this Agreement by taking corrective action that cures the default.
-
- 6. WARRANTIES. Neither party makes any warranties with respect to
- the use, sale or other transfer of the FishTank by the other party
- or by any third party. In no event will BooneDocks be liable for
- direct, indirect, special, incidental, or consequential damages,
- that are in any way related to FishTank.
-
- 7. TRANSFER OF RIGHTS. This Agreement shall be binding on any
- successors of the parties. Neither party shall have the right to
- assign its interests in this Agreement to any other party, unless
- the prior written consent of the other party is obtained.
-
- 8. TERMINATION. This Agreement shall terminate upon the removal of
- the FishTank software from the User's computer.
-
- 9. ENTIRE AGREEMENT. This Agreement contains the entire agreement
- of the parties and there are no other promises or conditions in any
- other agreement whether oral or written. This Agreement supersedes
- any prior written or oral agreements between the parties.
-
- 10. AMENDMENT. This Agreement may be modified or amended, if the
- amendment is made in writing and is signed by both parties.
-
- 11. SEVERABILITY. If any provision of this Agreement shall be held
- to be invalid or unenforceable for any reason, the remaining
- provisions shall continue to be valid and enforceable. If a court
- finds that any provision of this Agreement is invalid or
- unenforceable, but that by limiting such provision it would become
- valid or enforceable, then such provision shall be deemed to be
- written, construed, and enforced as so limited.
-
- 12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to
- enforce any provision of this Agreement shall not be construed as
- a waiver or limitation of that party's right to subsequently enforce
- and compel strict compliance with every provision of this Agreement.
-
- 13. APPLICABLE LAW. This Agreement shall be governed by the laws of
- the State of Ohio.
-