» version 1.0.1 - posted on 2009-10-01
EULA - End User License Agreement
END USER LICENSE AGREEMENT
IMPORTANT! PLEASE READ CAREFULLY.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE PRODUCT.
This License Agreement (EULA) is a legal agreement between the end user (hereafter refered to as the "user") and Thinking Minds Building Bytes S.L. for "DESKMOTIVE" (hereafter refered as the "product").
The product shall be taken to mean the software contained in this package as well as any printed materials and any on-line or electronic documentation ("manual"), and any and all copies and derivative works of such software program and manual. The product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The product is licensed, not sold.
2. LICENSE AGREEMENT:
THE USER MAY:
a) Use the product in a single workstation only (one license per one workstation). If you need to use it in more workstations then he/she must purchase additional licenses for each additional workstation.
b) Copy the product for backup purposes as appropriate.
c) Terminate this license by destroying the original and all copies of the Product in whatever form.
THE USER MAY NOT:
a) Rent, loan, lease, give, sub-license or otherwise transfer the product (or any copy) in whole or in part, to any other person, except as noted in paragraph b) above.
b) Copy, alter, translate, decompile or reverse engineer the product, including but not limited to, modify the product to make it operate on non-compatible hardware or software.
User's use of the software indicates his/her acceptance of these terms and conditions. If the user does not agree to these conditions, he/she must return the distribution media, documentation, and associated materials to the vendor from whom the product was purchased, and erase the software from any and all storage devices upon which it may have been installed.
This license agreement shall be governed by the laws of Palma de Malloca, Spain, and shall inure to the benefit of Thinking Minds Building Bytes S.L. or its assigns.
3. DISCLAIMER / LIMITATION OF LIABILITY:
The user acknowledges that the product may not be free from defects and may not satisfy all of user's needs.
Thinking Minds Building Bytes S.L. warrants all media on which the software is distributed for 60 days to be free from defects in materials and workmanship under normal use. The software and any accompanying written materials are licensed "as is". User's exclusive remedy during the warranty period shall consist of replacement of distribution media if determined to be faulty.
In no event will Thinking Minds Building Bytes S.L. be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the product, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.
4. PROPRIETARY RIGHTS:
The product name and logo, manuals, training materials, documentation and other support materials are either patented, copyrighted, trademarked or owned by Thinking Minds Building Bytes S.L. as trade secrets and/or proprietary information.
5. SPECIFIC RESTRICTIONS:
The product and accompanying documentation may not be provided by a "BACKUP SERVICE" or any other vendor which does not provide an original package as composed by Thinking Minds Building Bytes S.L., including but not limited to all original distribution media, documentation, registration cards and insertions.
6. REFUND POLICY:
Thinking Minds Building Bytes S.L. offers its users a fully functional trial version in order to evaluate the product and decide whether it fits their needs. Hence, no refunds shall be granted after a license code has been issued.
7. PRODUCT ACTIVATION
The product includes online activation technology developed by Thinking Minds Building Bytes S.L. The user needs to activate the copy of this product in order to be able to use it.
Activation is done automatically after entering the license serial number. An internet connection is required to perform this operation.
During the activation process, the product will provide Thinking Minds Building Bytes S.L. a random and unique number (activation code) associated to the computer on which the the product is installed. Because each activation code and serial number is unique, they can be checked to help to ensure that this copy of the product has not been activated on more computers than allowed under its license agreement.
The activation process does not transmit or collect any personal information, including hardware or software configuration.