This is a copy of the License agreement included with
the program. In case of any discrepancies, the agreement included with the
program will prevail.
LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE
This Program was created
by the LionScribe ® Company. We do not charge you a fee to register, though a
suggested donation is requested. Thus this software can be regarded as
freeware, and your giving a donation does not give you any special rights.
In regard to the
Registration code, the code you are given is not guaranteed to work if you
upgrade or change Palms. Though
LionScribe plans to issue you new registration codes in event of such
happenings, LionScribe does not guarantee that this will always be. Therefore
it is possible that the program will become unusable in such event, and you
might not be compensated. In any case, LionScribe will not be liable!
This Program is still
under development! No responsibility whatsoever is taken by the developers for
any damage caused by this program whether direct or indirect, known or unknown.
IMPORTANT NOTICE. THIS LICENSE AGREEMENT IS A LEGAL
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND THE
LIONSCRIBE COMPANY, OR ANY SUBSIDIARY, CREATOR ("LS SERVICE COMPANY
LLC"), OWNER ("LS SERVICE COMPANY LLC"), AND ITS SUPPLIERS. BY
INSTALLING OR USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE
READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS, DO NOT INSTALL OR USE THIS SOFTWARE IN ANY WAY AND PROMPTLY
RETURN THE SOFTWARE AND ALL ACCOMPANYING MATERIALS TO YOUR PLACE OF PURCHASE.
LICENSE GRANT. LIONSCRIBE
grants you a non-exclusive license to use this software, and any associated
documentation ("Software") as indicated herein. If you have purchased
a Single User License, you may install and use one copy of the Software on a
single device. The Software is in
“use” on a single device when it has been loaded into memory of that palm. If
you have purchased a Multiple User License in conjunction with a Single User
License, you may install and use the Software on the number of palms authorized
at the time of purchase.
OTHER RESTRICTIONS. You shall not: (a) remove any product
identification, copyright notices, or other notices or proprietary restrictions
from this Software; (b) sell, lease, rent, transfer, copy or distribute this
Software; (c) cause or permit reverse engineering, disassembly, decompilation
or alteration of this Software except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation.
COPYRIGHT/OWNERSHIP. This
Software is licensed and not sold. This Software and its source code are
proprietary products of LIONSCRIBE and are protected by copyright and other
intellectual property laws. You acquire only the right to use the Software and
do not acquire any rights, express or implied, in the Software or media
containing the Software other than those specified in this License. LIONSCRIBE shall at all times retain
all rights, title, interest, including intellectual property rights, in the
Software and media.
TERM. This License is effective until
terminated. You may terminate it
at any time by destroying the Software, together with all copies thereof. This
license will also terminate if you fail to comply with any term or condition of
this Agreement. Upon such
termination, you agree to destroy the Software, together with all copies
thereof.
None of the Software or underlying information or
technology may be downloaded or otherwise exported or re-exported (i) into (or
to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran,
Sudan, Syria or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's List of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and you
are representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
DISCLAIMER OF WARRANTIES.
THIS SOFTWARE IS DISTRIBUTED 'AS IS' AND YOU, ITS USER, ASSUME ALL RISKS WHEN
INSTALLING OR USING IT. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIONSCRIBE DISCLAIMS ALL WARRANTIES
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. LIONSCRIBE DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIONSCRIBE DOES NOT
WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS
OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
LIMITATION OF LIABILITY. IN
NO EVENT SHALL LIONSCRIBE BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL
INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER
BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF LIONSCRIBE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ANY
CASE, THE ENTIRE LIABILITY OF LIONSCRIBE UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SOFTWARE OR U.S. $5.00.
MISCELLANEOUS. In the event of invalidity of any
provision of this Agreement, the parties agree that such invalidity shall not
affect the validity of the remaining portions. The Agreement is governed by the laws of the State of New
Jersey as applied to agreements between New Jersey residents entered into and
to be performed entirely within New Jersey, and each party hereto submits to
the exclusive jurisdiction of the Courts of that State. The United Nations Convention on
Contracts for the International Sale of Goods is specifically disclaimed. This is the entire agreement between you
and LIONSCRIBE, which supersedes any prior agreement, whether written or oral,
relating to this subject matter.