End User License Agreement
Last Updated: May 15, 2004
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU AGREE THAT THIS
AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Single User License Grant: Astoundit Software (“Astoundit”) and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the Astoundit software (“Software”) solely on a single central processing unit (“Computer”) owned or leased by Customer.
Multiple-Users License Grant: Astoundit Software (“Astoundit”) and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the Astoundit software (“Software”): (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee (“Permitted Number of Computers”); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computer connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product registration code (“Registration Code”). If the Permitted Number of Computers is exceeded by the Customer without prior written approval by Astoundit, Customer shall promptly pay to Astoundit the appropriate licensee fee for the additional computers or users. At Astoundit’s option, Astoundit may terminate this license for failure to pay the required license fee.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original; provided your backup copy is not installed or Used on any computer. You may not transfer the rights to a backup copy or original Software unless prior written permission is granted from Astoundit.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s), downloaded or downloadable archives, or other media with which this Agreement is provided, including but not limited to (i) Astoundit or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds, music, or other artistic works (“Stock Files”); (iii) related explanatory written materials or files (“Documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Astoundit. “Use”, “Used”, or “Using” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Permitted Number of Computers” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Astoundit.
As long as you comply with the terms of this End User License Agreement (the “Agreement”), Astoundit grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation and product description. Some third party materials may be included in, or with the Software, and may be subject to other terms and conditions.
Any Software which is available as a demonstration version (“Demo”) may not be used for commercial purposes, and is for testing purposes only. Since a Demo version of our Software is available to the customer prior to purchasing, no returns or refunds will be permitted. The user agrees to test the Software prior to purchasing to ensure it fits their own needs and is compatible with their own computer system and computer operating system.
Versions and Upgrades: When the Customer purchases any Software, they are entitled to the current version of the Software available at the time of the Customer’s purchase. Although Astoundit may provide free updates or upgrades in the future to the Customer, no free updates or upgrades are included with the purchase. The Customer’s purchase is only for the current version of the Software. If feasible, we will notify the Customer at the time of future releases, and disclose the upgrade price if it applies; though the Customer is under absolutely no obligation to upgrade if they do not choose to do so.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Astoundit. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Astoundit. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Astoundit.
If the software includes the ability to copy, duplicate or reproduce electronic data or information, then you agree that you will carefully monitor any data or information that you copy / duplicate / reproduce and ensure that in doing so, you do not infringe any copyright. You will hold Astoundit harmless from any liability to others resulting from your use of the Software.
Special Terms Apply To The Following Software
realIntroduction: Special terms apply to the realIntroduction Presentation (“Presentation Module”) program that is created for use as a read-only presentation module for realIntroduction. The Presentation Module may be distributed by the Customer an unlimited number of times/copies, provided that it is used only for the Customer’s own marketing purposes. The Presentation Module, and the Customer’s marketing data that is generated by the realIntroduction program may be copied or duplicated, but at NO time may the realIntroduction program itself (Also referred to as “realIntroduction Editor”), or accompanying files except the Presentation Module be copied, sold, resold, licensed, transferred, or otherwise distributed or used by any other user except the licensed Customer.
Kidwidget: Although Astoundit has done the best of its ability to make the Kidwidget software a safe computing environment for children, we cannot be responsible for technical glitches, bugs, or unforeseen attempts to circumvent the Software’s safety measures. The list of filtered words and phrases for the Software’s “Dictionary” feature is available at the request of the Customer. If there are any words or phrases that the Customer thinks should be included in our filtered list, Astoundit will review and add or remove the words or phrases in question. Astoundit has done everything in their power to keep Kidwidget a safe environment, but cannot be held liable for unforeseen harm or accidental exposure to unsuitable material.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Astoundit if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL ASTOUNDIT OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ASTOUNDIT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASTOUNDIT OR ITS SUPPLIERS' LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY CUSTOMER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
This License shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software and accompanying files.