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EULA - End User License Agreement
SURFULATER END-USER LICENSE AGREEMENT
You must read and agree to the terms and conditions of this End-User License Agreement ("EULA") before installing, copying, or otherwise using Surfulater (the "Software").
This End-User License Agreement ("EULA") is a legal agreement between you, the end-user, either an individual or a single entity ("Licensee"), and Soft As It Gets Pty Limited ("SAIG") and pertains to Surfulater. By clicking "I agree," installing, copying, or otherwise using any part of the above Software (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, delete the Software from all your storage media and promptly return the unused Software for a refund of any fees paid for this software.
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to SAIG. Provided you have paid all applicable fees, registered the Software with SAIG and otherwise complied with this EULA, then SAIG grants you the following personal, non-exclusive, non-transferable, limited rights:
A. You may use the Software on any computer up to the licensed limit, so long as only one copy is used at a time; use the Software on a network, provided that each individual accessing the Software through the network must have a copy licensed to that individual; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
B. If your employer owns the license you must immediately delete and stop using the Software on computers not owned by and in the possession of the licensee when you cease to be employed by the licensee.
C. You may install the Software to test and evaluate it for 21 days; after that time you must either license the Software, delete it from all your storage media or use it only in "Free Reader" mode. See Section 2E below.
D. You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software or create derivative works of it. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent, lease, or loan the Software, nor use the Software to render time sharing of service bureau services. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.
E. License Keys must not be publicised, given to another party or distributed in any way under any circumstances whatsoever without the express permission of SAIG. Doing is a breach of license which will result in immediate license termination.
2. OTHER RIGHTS AND LIMITATIONS
A. UPGRADES. If the Software is an upgrade, whether from SAIG or another supplier, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless the SAIG documentation for an Upgrade specifically provides, you shall not separate upgrade products from base products, nor transfer them separately. SAIG reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades, subscriptions and enhancements. All other terms of this EULA apply with equal force to any such Upgrades.
B. SUBSCRIPTION UPDATES.
If you have acquired the Software as part of a subscription package, then you must treat as an upgrade any subsequent versions of Software received as an update to your subscription package.
C. NO SEPARATION OF COMPONENTS.
The Software is licensed as a single product and neither the software programs comprising the Software or any Update may be separated for use by more than one user at a time, this user being the Licensee.
D. SOFTWARE TRANSFER.
You may permanently transfer all of your rights under this EULA, provided that you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.
E. TRIAL VERSIONS
If SAIG designates the Software as a "Free Trial" version, then your license rights under this EULA shall extend solely for a 21-day evaluation period, during which your use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. You may make a reasonable number of copies of the Trial version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. You shall not charge or request donations for any such copies and distribute Trial versions of the Software to third parties without prior written permission.
Unregistered use of the Software, including documentation, beyond the 30-day evaluation period violates SAIG's rights, as described herein, including but not limited to SAIG's rights under the Australian Copyright Act. You acknowledge that any Trial version is merely a technology demonstration which may not be at the level of performance or compatibility of generally available SAIG products. Free Trial Versions are provided strictly on an "as is" basis and are subject to Section 6, below.
3. SUPPORT SERVICES
A. SAIG agrees to provide the Licensee with limited help and assistance, free of charge, with the use of the Software for a period of one (1) year from the date of purchase of the Software.
B. SAIG agrees to accept requests for help and assistance only via electronic mail or its support forums. All E-Mail requests must include the Licensees name, Software serial number and Software version.
C. The Licensee agrees that SAIG retains the sole right to determine the type of and amount of help and assistance provided by SAIG's support personnel.
4. COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
The Software and documentation is copyrighted by SAIG and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and trademarks. SAIG's copyrights include, but are not necessarily limited to 2003, 2004 Soft As It Gets Pty Limited. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission of SAIG except as expressly permitted under this Agreement. SAIG asserts its "Moral Right" to be identified as the author of this work, in all jurisdictions which recognize the "Moral Right."
SAIG owns a number of registered and unregistered Trademarks (the "Marks"). These Marks are extremely valuable to SAIG and shall not be used by you, or any other person, without SAIG's express written permission. The Marks include, but are not necessarily limited to the following: Surfulater. SAIG expressly reserves the right to use additional registered and unregistered Marks in connection with its business, and such additional registered and unregistered Marks shall be entitled to full protection under applicable law. Any use of any of SAIG's Mark shall be deemed an intentional and willful violation of substantial rights of SAIG.
In addition to SAIG's Marks, some SAIG Products may include trademarks or service marks owned by other corporations. These other marks include, but are not necessarily limited to: WINDOWS, WINDOWS 95, WINDOWS 98, WINDOWS Me, WINDOWS NT, and WINDOWS 2000, which are registered Trademarks of Microsoft Corporation.
You shall not use any of the Trademarks, or Service marks of SAIG, Microsoft Corporation, or any other entity, without the express written permission of such Trademark or Service mark owner.
6. WARRANTY, REMEDY, AND LIMITATIONS
A. SAIG GRANTS YOU A LIMITED WARRANTY THAT THE SOFTWARE WILL PERFORM IN SUBSTANTIAL ACCORDANCE WITH THE ACCOMPANYING USER MANUAL FOR NINETY (90) DAYS FOLLOWING YOUR RECEIPT OF THE SOFTWARE. THIS IS YOUR ONLY WARRANTY.
B. SAIG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM YOU MAY HAVE AGAINST SAIG SHALL BE, AT SAIG'S OPTION, (I) RETURN OF AMOUNTS PAID FOR THE APPLICABLE SOFTWARE; OR (II) REPAIR OR REPLACEMENT OF SOFTWARE WHICH DOES NOT MEET THE ABOVE LIMITED WARRANTY; PROVIDED YOU RETURN THE SOFTWARE TO SAIG.
C. SOME COUNTRIES AND STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE RESTRICTIONS OF THIS SECTION II WILL APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION SOLD WITH THIS PUBLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL SAIG OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, DIRECT, INCIDENTAL OR INDIRECT DAMAGES, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAIG RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE. IN NO EVENT SHALL SAIG'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO SAIG OR THE SUPPLIER.
The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall, at SAIG's option, either return to SAIG or destroy all copies of the Software and documentation. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time (with no obligation on the part of SAIG) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to SAIG that you have done so. The disclaimer of warranty and limitations on liability contained in Section 6 shall continue in force even after your rights to use the Software are terminated.
8. GENERAL/MISCELLANEOUS CLAUSES
This EULA shall be governed by and construed under the substantive laws applicable to the State of Victoria, Australia. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
The undersigned agree that this EULA is entered into at Victoria, Australia. They further agree that any legal or equitable dispute brought or arising under this Agreement shall be brought in the State and Federal courts for Victoria, Australia. This Agreement constitutes the entire Agreement between the undersigned about the subject matter, and shall not be modified except as provided above, or in writing signed by both of the undersigned.