» version 2.0 - posted on 2007-04-26
New User Interface and Added Functionality
EULA - End User License Agreement
ATLANTIC BLUE COMPUTING SOFTWARE END-USER LICENSE AGREEMENT (April 2007)
Copyright (C) 2002, 2003, 2004, 2005, 2006, 2007 Atlantic Blue Computing Limited. International copyright. All Rights Reserved.
IMPORTANT - READ CAREFULLY: This ATLANTIC BLUE COMPUTING End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ATLANTIC BLUE COMPUTING LIMITED for ABCFIND SOFTWARE, which includes any associated SOFTWARE components, any media, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE, and return the whole package to the location where you obtained it within 30 days from purchase.
1. The SOFTWARE is licensed for use, not sold. There is therefore no transfer of any rights of ownership.
2. GRANT OF LICENSE.
(a) Licensed Copy. After you have purchased the license for this SOFTWARE you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. Under no circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.
(b) Evaluation Copy. You may use the demonstration SOFTWARE from the day that you install the SOFTWARE without charge on an evaluation basis until the date of expiry of the SOFTWARE published within the SOFTWARE and with the SOFTWARE at the time of receipt, or for an indefinite period subject to any evaluation restrictions in the performance of the SOFTWARE. If you continue to use the SOFTWARE after any date of expiry of the SOFTWARE without paying the license fee you will be using the SOFTWARE on an unlicensed basis.
(c) Redistribution of Evaluation Copy. If you are using SOFTWARE on an evaluation basis you may make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means (Internet, BBSs, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation SOFTWARE will not entitle you to any compensation from ATLANTIC BLUE COMPUTING LIMITED. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.
3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
4. SUPPORT SERVICES. Atlantic Blue Computing may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the Atlantic Blue Computing polices and programs described in online documentation, and/or other Atlantic Blue Computing provided materials, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Atlantic Blue Computing as part of the Support Services, Atlantic Blue Computing may use such information for its business purposes, including for product support and development. Atlantic Blue Computing will not utilize such technical information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, Atlantic Blue Computing may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.
6. COPYRIGHT. The SOFTWARE is protected by United Kingdom and International copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Atlantic Blue Computing and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to United Kingdom export restrictions. You warrant and represent that the United Kingdom authorities have not suspended, revoked or denied your export privileges.
8. NO WARRANTIES. Atlantic Blue Computing expressly disclaims any warranty for the SOFTWARE including any programming errors which have not been corrected after testing. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO WARRANTY FOR UPGRADES, PATCHES, FIXES, NEW OR REVISED VERSIONS IS OFFERED, although Atlantic Blue Computing may offer FREE OF CHARGE upgrades or revised versions of the SOFTWARE from time to time or upon request entirely at the discretion of Atlantic Blue Computing.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ATLANTIC BLUE COMPUTING OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, USE OR MISUSE OF THE SOFTWARE, EVEN IF ATLANTIC BLUE COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ATLANTIC BLUE COMPUTINGS LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF GBP1.00 OR THE LICENSE FEE PAID BY YOU. In addition this SOFTWARE must be thoroughly tested by the user with non-critical data before relying on it, and the user should be fully conversant with the program or SOFTWARE and the result of using it. In particular a BACKUP of all critical, important or or in any way valuable data should be made BEFORE and retained separately AFTER using any program or SOFTWARE which may in any way interfere with, damage, delete or in any other way change or modify the data. The user must assume the entire risk of using the program or SOFTWARE.
10. NATIONAL GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by a Government may be subject to restrictions as set forth by that Government. Manufacturer is Atlantic Blue Computing Limited, 31 King Henry Close, Charlton Kings, Cheltenham, Gloucestershire GL53 7EZ, UK.
11. APPLICABLE LAW. This EULA is governed by the laws of England, UK.
Should you have any questions regarding this EULA please contact Atlantic Blue Computing Limited by mail at 31 King Henry Close, Charlton Kings, Cheltenham, Gloucestershire GL53 7EZ, UK, or by electronic mail at firstname.lastname@example.org, or by visiting http://www.atlantic-blue.com.