SpunkiCast 0.1.2365

EULA - End User License Agreement

End-User License Agreement
Software License and Limited Warranty
This Inky Software End-User License Agreement ("EULA") is a legal agreement for the SpunkiCast Software Product, which includes computer software and license activation code and may include associated media, printed materials, and "online" or electronic documentation (collectively the "Software Product"), between you and Inky Software. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the Software Product; you may, however, within 15 days of your initial purchase of a copy of the Software Product, return the entire copy of the Software Product (including all computer media, packaging and documentation) either to Inky Softwares Customer Service department or to the retailer from which you purchased the Software Product, for a refund of the amount indicated by your sales receipt for the Software Product, in which event your rights under this EULA are immediately terminated. If you are installing the Software Product on a computer that is not owned by you, you are bound to the terms of this EULA both in your individual capacity and as an agent of the owner of the computer, and your actions will bind the owner of the computer. You represent and warrant to Inky Software that you have the capacity and authority to enter into this Agreement on your own behalf as well as on behalf of the owner of the computer the Software Product is being installed upon. For purposes of this EULA, the "owner" of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.
Copyright. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product) are owned by Inky Software or its suppliers. The Software product is a result of the Sole work of Kristen Alaimo, all internal code was privately designed and implemented.
Grant Of License. The Software Product is licensed, not sold. Subject to the condition that you are in compliance with the terms of this EULA: (a) you may install and use one copy of the Software Product, or any prior version for the same operating system, on a single computer for use by a single simultaneous operator; and (b) you may install a single copy of the Software Product, strictly for your own personal use, on one portable computer owned by you. No other use, copying or distribution of the Software Product is permitted. You may not rent the Software Product, nor may you offer use of it to others through a service bureau or application service provider. If you are installing this copy of the Software Product as an upgrade, update, patch or enhancement of a prior release of the same Software Product which was installed on the same computer, your rights under the prior license agreement for the Software Product are terminated, and all of your use of the Software Product (including its prior versions) are solely under the terms of this license agreement.
Limitations. Except to the extent such a restriction is unenforceable under local law, you may not reverse engineer, decompile, or disassemble the Software Product. The Software Product is licensed as a single product, and its component parts may not be separated for use on more than one computer. You may not modify, amend, or create derivative works of the Software Product.
Term. If the Software Product that was distributed to you was labeled as an EVALUATION VERSION or TRY & BUY VERSION (or its functional equivalent) (an "Evaluation Version"), the license granted under this EULA commences upon the installation of the Software Product and expires according to which license was p
urchased. Evaluation Version Software Products may include software code intended to disable their functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code. If the Software Product was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorized use of the conversion mechanism provided with the Software Product (in each case either being or resulting in a "Full-License Version"), the licenses granted under this EULA commence upon the installation of the Software Product and are effective in perpetuity unless terminated per the terms of this Agreement.
Termination. Upon the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically without notice from Inky Software. Without prejudice to any other rights, Inky Software may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, the media and printed materials, any prior versions, and this EULA). The terms of this paragraph shall survive any termination of this EULA.
Transfer. You may permanently transfer all of your rights under this EULA (except if your rights are in an Evaluation Version), provided you retain no copies, you transfer all copies of the Software Product (including all component parts, the media and printed materials, any prior versions, and this EULA), and the recipient agrees to be subject to the terms of this EULA. Upon the occurrence of such a transfer, your rights under this EULA terminate immediately.
Limited Warranty. The warranties and disclaimers described in this paragraph are collectively the "Limited Warranty". Inky Software warrants to you (and only you) that the Software Product will perform substantially in accordance with the accompanying documentation (if any) for a period of forty-five (45) days from the date of original purchase of a license to the Software Product from an authorized retailer or directly from Inky Software (or the date you have obtained authorization from Inky Software or an authorized retailer to convert an Evaluation Version to a Full-License Version) (in each case the "Purchase Date"). Implied warranties on the Software Product, to the extent required by applicable law, are limited to forty-five (45) days from the Purchase Date. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. To the maximum extent permitted by applicable law, Inky Software and its suppliers disclaim all other warranties and conditions with regard to or arising out of the Software Product, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and/or accuracy of information. The Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, use of the Software Product other than as described in the documentation issued by Inky Software, use of the Software Product in combination with other Software Products that are not described as compatible in the documentation issued by Inky Software, or your breach of the terms of this EULA. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. No individual (except a duly authorized officer of Inky Software) and no reseller or retailer has any authority to amend or add to any of the above representations and disclaimers.
Your Remedy. Your exclusive remedy for any breach of the Limited Warranty is for you to give us notice of the breach by
returning to Inky Software (at the address shown below) a copy of your purchase receipt for your copy of the Software Product and a description of the alleged breach, and then, at Inky Softwares option, Inky Software shall either: (a) return the price you paid (if any) for the Software Product (at which time your rights under this EULA are deemed to have terminated); or (b) repair or replace the Software Product. The Limited Warranty period for any replacement Software Product will be extended for the remainder of the original warranty period or thirty (30) days after the replacement Software Product is delivered to you, whichever is longer. If your license is for an Evaluation Version, your exclusive remedy for any breach of this EULA, including a breach of the Limited Warranty, shall be to terminate your rights under this EULA. Your remedies described in this paragraph are your exclusive remedies, and shall not be deemed to fail of their essential purpose so long as Inky Software is willing to repair or replace the Software Product or return the price you paid for the Software Product.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Inky Software or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if Inky Software has been advised of the possibility of such damages. In any case, Inky Softwares entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the Software Product or US$5.00. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Statement Concerning U.S. Government Users. The Software Product is commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging to Inky Software or its suppliers. The Software Product is comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202-1 through § 227.7202-4, all U.S. Government licensees acquire the Software Product with only those rights set forth in this EULA.
Site Licenses. The owner of the computer that you are installing the Software Product upon may have entered into a broad license agreement with Inky Software governing the use of certain Inky Software products including this Software Product. To the extent that the owner of the computer has entered into such an agreement that specifically states that it governs the use of the Software Product on computers owned by the owner of the Software Product, then any conflict between that agreement and this EULA shall be resolved in favor of the terms of that agreement, but otherwise this EULA shall simultaneously govern your license or licenses to the Software Product.
Third Party Works. To the extent that any third partys intellectual property is incorporated within the Software Product, you agree that such third party is a third-party beneficiary of the terms of this EULA to the extent of the third partys license to Inky Software.
Smart Objects, Stationery, Sample and Tutorial files: The Software Product may be provided with certain "Smart Objects," "Stationery" files, Sample files and/or Tutorial files, intended to demonstrate or facilitate the use of the Software Product or provide a base starting point for use of the Software Product. Smart Objects are generic design components useful in a variety of designs. Stationery files are files which contain information which is used by the Software Product to initialize an end-users design document. If any of these items are provided, they are considered part of the Software Product for purposes of this EU
LA. However, you may use and create derivative works from Smart Objects or Stationery, Sample or Tutorial files, provided that you do so in conjunction with your use of the Software Product, and that you maintain any copyright notices that may be incorporated within the Smart Objects.
License Activation Code and the License Activation Process: The Software Product sends one unique piece of information to the Inky Software server, with two aims in mind: (1) limit piracy and (2) provide an automatic license upgrade. This piece of information is the software version identifier, which checks with the Inky Software website to verify the Software is current and up to date. Because so much litigation has occurred over the very real problem of invasion of privacy via software, and because it is Inky Software policy to be forthright in every aspect of customer relations, we felt it necessary to explain the activation process to this degree. Furthermore, by agreeing to this EULA, you explicitly give Inky Software permission to use this hardware identifier as described herein, above.
General. This EULA constitutes the entire agreement between you and Inky Software concerning the Software Product. No terms of any purchase order, acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorized officer of Inky Software shall replace, modify, amend or override this EULA. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by Inky Software of any breach of any term or provision of this EULA shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof. Our various rights and remedies hereunder shall be construed to be cumulative and no one of them is exclusive of any other or of any right or remedy allowed by law or in equity. This EULA shall be governed by and construed in accordance with the laws of the State of California, USA (without regard to its choice of law principles), except to the extent the local law of your local jurisdiction requires use of your local jurisdictions law, and shall benefit Inky Software, its successors and assigns. Any claim or dispute between you and Inky Software or against any agent, employee, successor or assignee of Inky Software, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the National Arbitration Forum to be held in Santa Cruz, California under its Code of Procedure then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Information concerning such arbitration may be obtained, and claims may be filed, at any office of the National Arbitration Forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Should you have any questions concerning this EULA, or if you desire to contact Inky Software for any reason, please contact: privacy@inkysoftware.com