License Agreement
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS
SOFTWARE. THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE (THE "END
USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE
TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY REMOVE THE
SOFTWARE FROM ITS STORAGE MEDIUM.
The enclosed computer program(s) and the accompanying documentation are provided
to the End User by Dmitry Skorniakov ("Licensor") for use only under
the following terms. Licensor reserves any right not expressly granted to the
End User. The End User owns the disk on which the Software is recorded, but
Licensor retains ownership of all copies of the Software itself. The End User
assumes sole responsibility for the installation, use and results obtained from
use of the Software.
1. License
End User is granted a limited, non-exclusive license to do only the following:
A-1. Free advertiser-sponsored version of the Software may be installed and
maintained on an unlimited number of machines and may be redistributed to third
parties. This section does not apply to purchased or registered Software.
A-2. Purchased/Registered Software may be installed and maintained on one
computer at any time for use only in the End User's own business.
B. Make one copy in machine-readable form solely for backup or archival purposes
for the computer, which the Software is installed. The Software is protected by
copyright law. As an express condition of this License, the End User must
reproduce on the copy Licensor's copyright notice and any other proprietary
legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this License to another party
together with a copy of this License and all written materials accompanying the
Software, provided (i) the End User gives Licensor written notice of the
transfer (including in such notice the identity of the transferee), and (ii) the
other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
The End User may NOT sublicense, assign, or distribute copies of the Software to
others. The Software contains trade secrets. The End User may NOT decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human
readable form. THE END USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN,
RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR
CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS
EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.
3. Termination.
This License is effective until terminated. This License will terminate
immediately without notice from Licensor if the End User fails to comply with
any of its provisions. Upon termination the End User must destroy the Software
and all copies thereof, and the End User may terminate this License at any time
by doing so.
4. Limited Warranty for Registered Users.
This warranty shall only apply to End Users that purchased the Software from
Licensor or one of Licensor's distributors. This clause of the License Agreement
does not apply to End Users that have obtained a free version of the Software.
Licensor warrants that, for ninety (90) days from the date of initial use by the
original Registered End User, the Software shall operate substantially in
accordance with the published functional specifications current at the time of
shipment. If, during the warranty period, a defect appears, End User shall
return the Software to Licensor and Licensor's only obligation shall be, at
Licensor's election, to replace the defective Software or refund the purchase
price. The End User agrees that the foregoing constitutes the End User sole and
exclusive remedy for breach by Licensor under any warranties made under this
Agreement. This warranty does not cover any Software that has been altered or
changed in any way by anyone other than Licensor. Licensor is not responsible
for problems associated with or caused by incompatible operating systems or
equipment, or for problems in the interaction of the Software with software not
furnished by Licensor.
No oral or written information or advice given by Licensor or its dealers,
distributors, employees or agents shall in any way extend, modify or add to the
foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END USER
ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE
SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AFFILIATES, BE LIABLE TO THE END USER FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING
WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LICENSOR'S LIABILITY TO THE END USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO,
AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE
LICENSE OF THE SOFTWARE.
5. Enhancements.
From time to time Licensor may, in its sole discretion, advise the End User of
updates, upgrades, enhancements or improvements to the Software and/or new
releases of the Software (collectively, "Enhancements"), and may
license the End User to use such Enhancements upon payment of prices as may be
established by Licensor from time to time. All such Enhancements to the Software
provided to the End User shall also be governed by the terms of this License.
6. Support
End Users who are using Advertiser sponsored or purchased versions of the
Software are not entitled to any kind of support, documentation, or assistance
from the Licensor. All support options are at the sole discretion of the
Licensor and may be modified without notice.
7. Advertisement Integration.
The unregistered version of the Software will occasionally make use of your
Internet connection to display advertisements. This advertisement technology is
embedded within the Software.
8. General.
This License will be governed by and construed in accordance with the laws of
the Russian Federation, and shall inure to the benefit of Licensor and
occasionally and their successors, assigns and legal representatives. If any
provision of this License is held by a court of competent jurisdiction to be
invalid or unenforceable to any extent under applicable law, that provision will
be enforced to the maximum extent permissible, and the remaining provisions of
this License will remain in full force and effect. Any notices or other
communications to be sent to Licensor must be mailed first class, postage
prepaid, to the following address: Dmitry Skorniakov, box 1955, Izhevsk 426000,
Russia.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof, and all prior proposals, agreements,
representations, statements and undertakings are hereby expressly cancelled and
superseded. This Agreement may not be changed or amended except by a written
instrument executed by a duly authorized officer of Licensor.
9. Acknowledgment.
BY INSTALLING THIS SOFTWARE, THE END USER ACKNOWLEDGES THAT IT HAS READ THIS
LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Should you have any questions concerning this License, contact Licensor at the
address set forth above.