END-USER LICENSE AGREEMENT FOR Bradley Allen's EweFarm Palm PDA application
IMPORTANT-READ CAREFULLY:
LICENSE AGREEMENT: This is a legal agreement between you, the end user (either an individual or a single entity), and Bradley Allen, a programmer/developer in Ontario, Canada.
BY INSTALLING, COPYING, OR OTHERWISE USING Sheep EweFarm WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA, PRINTED MATERIALS, AND ALL "ONLINE" AND ELECTRONIC DOCUMENTATION ("SOFTWARE PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BY USING THIS PRODUCT IN "DEMO" MODE BEFORE PURCHASING THE PRODUCT YOU AGREE THAT EWEFARM WORKS AS EXPECTED.
- GRANT: Bradley Allen ("Bradley Allen" or "Licensor") grants you ("Licensee" or "you") a non-transferable, non-exclusive license to use a single copy of the enclosed software products (hereafter collectively referred to as "Software") according to the terms below.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- This Software License Agreement ("License") permits you to use one copy of the EweFarm Palm Application software acquired with this license ("Software") on any single Palm, provided the Software is in use on only one Palm at any time. The Software is deemed "in use" on a Palm when it is loaded into the temporary memory (i.e. RAM) or installed onto the permanent memory (e.g. hard disk or other storage medium) of that Palm.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the EWEFARM SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.
- No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than as expressly permitted under this License.
- Software Transfer. You may not rent, transfer or grant any rights in the Software, or any portion thereof, in any form to any person without the prior written consent of Licensor which, if given, is subject to the conferee's consent to the terms and conditions of this license
- Termination. Without prejudice to any other rights, Bradley Allen may terminate this License if you fail to comply with the terms and conditions. In such event, you must immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
- COPYRIGHT. The on-line help and manuals are Copyright (c) 2006 by Bradley Allen. The SOFTWARE PRODUCT is Copyright (c) 2006 by Bradley Allen.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, text, and HTML incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Bradley Allen or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials, accompanying the SOFTWARE PRODUCT.
- LICENSE KEY: A License Key may have been supplied to you to support your use of the Software. The License Key is confidential information of Bradley Allen, and you may not disclose it to any other person or entity.
- "DEMO" MODE: The SOFTWARE PRODUCT can be used in "DEMO" mode for a limited period to determine if the SOFTWARE PRODUCT meets the end users requirements and needs. The "DEMO" mode is time limited to a period of 14 days. The "DEMO" mode is limited to the entry of 30 animal records, 3 data Exports and 3 data Imports.
LIMITED WARRANTY AND DISCLAIMER: By using the SOFTWARE PRODUCT in "DEMO" mode the user agrees that the product meets their requirement if the user purchases the product. The entire liability of Bradley Allen and your exclusive remedy shall be, at the option of Bradley Allen, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet this Limited Warranty and which is returned to Bradley Allen with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRADLEY ALLEN DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THIS MANUAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRADLEY ALLEN AND HIS SUPPLIERS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE OR THIS MANUAL. IN ANY CASE, THE ENTIRE LIABILITY OF BRADLEY ALLEN UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, OR TO $200 Canadian dollars, WHICHEVER IS THE LESSER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION: Unauthorized copying or use of the Software, or any portion thereof, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Licensor other legal remedies.
Upon termination Licensee will destroy or return to Licensor the Software and any copies.
Jurisdiction and Interpretation: This agreement shall be interpreted according to the Laws of Ontario and Canada, which shall apply to the whole terms thereof.
You consent to the jurisdiction of Ontario and Canada insofar as not already subject thereto.