» version 4.1 - posted on 2004-08-26
EULA - End User License Agreement
BLUE TANGO ? THE TEXT SCRAMBLER BY HIGHER MATH:
END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This End-User License Agreement (?EULA?) is a legal agreement between you (either an individual or a single entity) and Higher Math for the software Product identified above, which includes computer software and may include associated media, printed materials, and ?online? or electronic documentation (?Product?). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO INSTALL, DOWNLOAD OR USE THE PRODUCT.
1. GRANT OF LICENSE. Higher Math grants you the following rights provided that you comply with all terms and conditions of this EULA:
2. INSTALLATION AND USE. You may install and use the Product on a single computer, such as a workstation, terminal or other device, residing on your premises.
3. RESERVATION OF RIGHTS. Higher Math reserves all rights not expressly granted to you in this EULA.
4. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Product provided by Higher Math, unless we provide other terms along with the update or supplement.
5. SHAREWARE. If you downloaded a demonstration version of the Product, the program, as originally downloaded, is considered to be shareware and, as such, may be freely distributed, in fact, it is encouraged. Proper installation of the Product would normally be accomplished via an internet link to the Higher Math website and we encourage you to freely distribute links to the download url.
6. LIMITATIONS OF THE SHAREWARE LICENSE. In its originally installed state, the Product will not be fully functional. Some limitations are incorporated into the Product unless unlocked by obtaining a keycode. Some of these limitations may affect some of the items mentioned below. We will mention one of them in this agreement but not necessarily all of them. One important limitation is on the ability to scramble (encode) text. This functionality will not be enabled unless a full license is obtained. You agree that a full license will only be made functional on your machine by obtaining said license from Higher Math upon payment of the asking price for such license.
7. TRANSFER ? INTERNAL ? DEMONSTRATION (SHAREWARE) VERSION. You may move the demonstration version of the Product to a different computer. However, if you do so, the copy will be considered shareware and have all the limitations of the shareware license. The Product functioning in shareware mode is not capable of scrambling (encoding) text. We have kept the Product price very low and you agree that it is not an unnecessary burden to obtain a license at full price to run the Product on another machine if you want to do scrambling (encoding) on another machine.
8. TRANSFER ? INTERNAL - CD VERSION: If you installed the Product from a CD, you may not resell, copy or redistribute the CD or its contents in any manner. You will be required to enter an Activation code found on the CD jacket in order to activate the Product. This activation will also be registered with our website via your internet connection. If it becomes necessary to reinstall the Product because it or the computer on which it has been installed has been damaged, you may do so and, in most cases, the activation code will work. We reserve the right to terminate the validity of any activation code at any time after the initial activation. We will certainly do so if the use of the code becomes abusive or it has evidently been passed to someone else. If so, beware of the penalties provided by law for unauthorized copies.
9. TRANSFER - THIRD-PARTY. The demonstration version of the Product may be transferred to other users but will function in shareware mode on their machines. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms.
10. NO-RENT CLAUSE. You may not rent, lease, or lend the Product.
11. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
12. TERMINATION. Without prejudice to any other rights, Higher Math may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
13. CONSENT TO USE OF DATA. You agree that Higher Math and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Higher Math agrees not to use this information in a form that personally identifies you without your express permission.
14. NOT FOR RESALE SOFTWARE. This Product is identified as ?Not for Resale? or ?NFR? so may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
15. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Higher Math and its suppliers provide TO YOU the Product, and any (if any) support services related to the Product (?Support Services?) AS IS AND WITH ALL FAULTS; and Higher Math and its suppliers hereby disclaim with respect to the Product AND SUPPORT SERVICES all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, DUTIES or conditions of OR RELATED TO: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, WORKMANLIKE EFFORT and lack of negligence. also there is no warranty, duty or condition of title, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement. The entire risk arising out of use or performance of the Product AND ANY SUPPORT SERVICES remains with you.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Higher Math or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Higher Math or any supplier, and even if Higher Math or any supplier has been advised of the possibility of such damages.
17. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Higher Math and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
18. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of California. If this Product was acquired outside the United States, then local law may apply.
19. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Higher Math relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Higher Math policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
20. COPYRIGHT. The Product is protected by copyright and other intellectual property laws and treaties. Higher Math owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.