OwlCom SOFTWARE (TM)
END USER LICENSE AGREEMENT
Owl Commander(TM)
Software License Agreement for
Owl Commander(TM) Standard Edition
IMPORTANT- PLEASE READ CAREFULLY: BY CLICKING
ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON
BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF
OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE)
AGREE TO ALL OF THE TERMS OF THIS END USER
LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR
USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH
ALL OF THE TERMS OF THIS AGREEMENT, CLICK
ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL,
COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below,
OwlCom SOFTWARE (TM), hereby grants you a
non-exclusive, non-transferable license to install
and to use the downloadable, standard edition of
Owl Commander ("Software"). The Software is presented to
you in one of two forms, either as a trial
product, or as a registered product.
If you are licensing the Software as a trial
product, your license will be for a reasonable term
for the purposes of evaluating the suitability of
the Software for your organization. At the end of
the evaluation period, you shall either register
the Software or remove it from any computers on
which it was installed. In no event shall the
trial Software be used to produce production
works, where production works are defined as
Software output for any internal or external
entity not directly associated with the explicit
evaluation of the Software.
If you are licensing the Software as a registered
product, your license shall grant you the right to
(i)install and use the Software on the number of
computers for which you have paid license fees;
and (ii) copy the Software for back-up or archival
purposes.
Whether you are licensing the Software in trial
or registered form, as an individual or on behalf
of an entity, you may not: (i) reverse engineer,
decompile, or disassemble the Software; (ii) modify,
or create derivative works based upon, the Software
in whole or in part; (iii) distribute copies of the
Software; (iv) remove any proprietary notices or
labels on the Software; (v) resell, lease, rent,
transfer, sublicense, or otherwise transfer rights
to the Software; (vi) modify any of the proprietary
notices or labels on the Software output;
(vii) decompile or disassemble the Software output;
or (vii) modify, or create derivative works based
upon the Software output without first obtaining a
development license.
2. TITLE: You acknowledge that no title to the intellectual
property in the Software is transferred to you. Title,
ownership, rights, and intellectual property rights in
and to the Software shall remain in OwlCom Software. The Software
is protected by trademark, copyright and patent laws of
the United States and international treaties. You are not
authorized to register or use domain names reflecting
the Software, its components, or variant thereof in whole
or in part.
3. UPDATES. From time to time, OwlCom Software may make available
updates to the Software. Your licensing fee to register
the use of the Software, shall entitle you to free minor upgrades.
All updates to the
Software are governed by this Agreement, unless other
license terms are provided with the update.
4. DISCLAIMER OF WARRANTY: The Software is provided to
you at no, or minimal charge.
YOU AGREE THAT OwlCom SOFTWARE HAS MADE NO EXPRESS
WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING
THE PRODUCTS AND THAT THE PRODUCTS ARE BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND. OwlCom SOFTWARE DISCLAIMS ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED,
OR STATUTORY, INCLUDING, BUT WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
OwlCom SOFTWARE SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, COVER, RELIANCE, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT
OR BUSINESS INTERRUPTION) ARISING FROM ANY
CAUSE UNDER OR RELATED TO THIS AGREEMENT.
5. LIMITATION OF LIABILITY: You must assume
the entire risk of using the program.
IN NO EVENT SHALL OwlCom SOFTWARE BE LIABLE TO YOU
FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF THE OwlCom SOFTWARE, EVEN
IF OwlCom SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL OwlCom SOFTWARE
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER,
IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT
NO CHARGE YOU AGREE OwlCom SOFTWARE SHALL NOT BE LIABLE
TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL
APPLY TO CLAIMS OF PERSONAL INJURY TO THE
EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement shall terminate automatically
if you fail to comply with the limitations described in
this Agreement. No notice shall be required from OwlCom Software to
effect such termination. Upon termination, you must uninstall
and destroy all copies of the Software.
7. MISCELLANEOUS:
Severability
In the event of invalidity of any provision of this Agreement,
the parties agree that such invalidity shall not affect the
validity of the remaining portions of this Agreement.
Export.
You agree that you will not export or re-export the Software
outside of the jurisdiction in which you obtained it without
the appropriate United States or foreign government licenses.
Entire Agreement.
You agree that this is the entire agreement between you and
OwlCom Software, which supersedes any prior agreement, whether
written or oral, and all other communications between
OwlCom Software and you relating to the subject matter of this
Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are
reserved by OwlCom Software.
Copyright © 2005 OwlCom Software. All rights reserved.
OwlCom Software, Owl Commander is trademark of OwlCom Software.