THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND IDYLE SOFTWARE ENR. ("IDYLE SOFTWARE"). PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. IDYLE SOFTWARE IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
The enclosed computer program, referred to hereafter as the "Software", is licensed, not sold, to you by Idyle Software for use only under the terms of this End-User License. Idyle Software reserves all rights not expressly granted to you. You retain ownership of the media on which the Software is stored, however Idyle Software retains ownership of the Software itself.
1. End-User License
This License allows you to use the software on one or more computer. To "use" the Software means that the Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e. Hard disk, etc.) You may also install the Software on a common storage device which is accessible by multiple computers.
You may make a single copy of the Software in machine readable form solely for backup purposes. As an express condition of this End-User License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Idyle Software.
This software is marked as "FREEWARE" by Idyle Software and no licensing fee are required in order to "use" the software.
2. Restrictions
You may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Termination
This End-User License agreement is effective until terminated. You may terminate this End-User License agreement at any time by destroying all copies of the software and related materials. Idyle Software may terminate this license without notice to you if you fail to comply with any of its terms. Any such termination by Licensor shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedied. Upon receipt by you of a written notice of termination from the licensor or termination by you, you shall immediately (a) cease using the software, and (b) within five days thereafter, provide the licensor with a written confirmation that you have complied with the foregoing. The provisions of sections 2,3,4 and 5 herein shall survive termination of this End-User License Agreement.
4. Limitation of Warranty and Limitation of Liability
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY.
THERE IS NO WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD
THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL I, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR
DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE
OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
5. General
This End-User License Agreement supercedes all prior or collateral oral or written representations or agreements related to your right to use the software. This End-User License will be construed under the laws of the province of Quebec, Canada. If any provision of this End-User License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this End-User License will remain in full force and effect.
Les parties ont convenu que cette convention soit rΘdigΘe en anglais.
The parties have agreed that this agreement be drafted in English.
