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AllWebMenus Pro License Agreement (EULA)

From Likno Software

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AllWebMenus

Version: PRO 5.3

Author: Likno Software

WWW: http://www.likno.com

email: [email protected]

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END-USER LICENSE AGREEMENT FOR THIS SOFTWARE

IMPORTANT - READ CAREFULLY:

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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND

LIKNO SOFTWARE, INCLUDING ITS AUTHORIZED

AGENTS AND DISTRIBUTORS ("Likno Software"). PLEASE READ

THIS AGREEMENT CAREFULLY BEFORE CONTINUING

WITH THE INSTALLATION, IN WHATEVER MEDIA

FORMAT, OF THE ALLWEBMENUS SOFTWARE, INCLUDING

ASSOCIATED WRITTEN DOCUMENTATION (THE "SOFTWARE").

IF YOU CHOOSE TO ACCEPT ALL THE TERMS OF THIS

LICENSE AGREEMENT BY CLICKING "Yes" AT THE RELATED

QUESTION AT THE START OF THE INSTALLATION,

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS

AGREEMENT, CLICK "No" TO TERMINATE THE INSTALLATION

OF THE SOFTWARE.

1. GRANT OF LICENSE:

a. This is a license, not a sale of the Software;

b. Upon payment by you and receipt by Likno Software of the license

fee prescribed by Likno Software from time to time (the "License

Fee"), Likno Software grants to you a non-exclusive license to

use one copy of the Software in accordance with the

terms and conditions set forth in this Agreement

("Single User Licensees');

c. Single-User Licensees shall only use the Software on a

single computer subject, however, to the limited

exception that you may use the Software on a second

(portable or home) computer provided it is used only

by you and provided only one copy of the Software is

used at one time;

d. The produced menus and their respective libraries

(Software Output) shall only be used on Internet or Intranet

web sites that reside on a web server.

e. A special "AllWebMenus License for Distributed Application"

is required for use of the Software Output on distributed software,

such as demos, applications or CD-based webs.

2. COPYRIGHT, TRADEMARKS AND TRADE SECRETS:

a. Likno Software owns intellectual property rights in the Software

and AllWebMenus;

b. Further, the Software's structure, sequence, organization

and code are the valuable trade secrets of Likno Software;

c. The Software is protected against unauthorized use

by United States and Canadian copyright laws and

international treaty provisions;

d. This Agreement does not grant you any intellectual property

rights in the Software. Unpublished rights are reserved.

3. PASSWORD and CONFIDENTIALITY:

a. Upon payment of the License Fee,

you will be provided, through Likno Software's authorized agent,

with a confidential password to access the Likno User Area Account

(the "Password") and get the Activation Code that unlocks

your installation (the "Activation Code").

b. You shall, at all times and without exception, maintain the

confidentiality of the Password and the Activation Code.

Specifically, you shall not disclose the information associated

with the Password to any other person, corporation or any other

entity.

c. These provisions also hold for any new Activation Code

issued to you for the purpose of unlocking a re-installation of

the existing single-user license.

4. PROHIBITED USES:

a. You may not reverse-engineer, decompile, disassemble,

modify, translate, or create derivative works;

b. You may not display the Software code in human-readable

form;

c. You may not use the Software Output on distributed software.

A special license is required for such use.

d. Without limiting the foregoing, you may not do anything

with the Software, Password or Activation Code that is not

expressly permitted by this Agreement.

5. TRANSFER:

a. Transfer of Password and Installed Software:

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Subject to the terms of this Agreement, you may not copy,

transmit, assign, rent, lease, sublicense, distribute, lend

or otherwise transfer the Password, Activation Code or installed

Software, and you may not sell or license to others the right

to use the Password, Activation Code or installed Software,

in whole or in part.

b. Transfer of Software Distribution Program:

---------------------------------------------

Subject to the terms of this Agreement, you may copy,

transmit, and distribute the Software distribution program

(AllWebMenus.EXE or AllWebMenusxx.EXE) to others for the

sole purpose of evaluation provided no modifications or

additions are made to the Software distribution program,

or any associated files, and provided it is not bundled

in a distribution with any other software.

6. ENHANCEMENTS:

a. Upon payment of the License Fee, you are entitled to use

this version of the Software and receive minor releases

related to this version of the Software, at no extra

charge. Minor Releases are defined as releases where the

number to the left of the decimal point remains the same as

the Software for which a License has been granted, and the

number to the right of the decimal point for the said

Software is different. It is within Likno Software's sole discretion

to market, distribute or license releases as either Minor

Releases or Major Releases.

b. Likno Software is not responsible for any problems that may arise

due to the use of the software in browsers and versions that are not

available as of September 2002.

7. CUSTOMER SUPPORT:

a. Subject to Likno Software's availability and resources, customer

support for the Software may be provided by Likno Software through

its email address at [email protected]

8. ARCHIVAL BACKUP OF SOFTWARE:

a. Likno Software authorizes you to make one copy of the Software for

backup or archival purposes.

9. TERM:

a. This Agreement is effective from the time you click "Yes"

in the "Accept all the terms of the preceding License

Agreement?" box until this Agreement is terminated;

b. If at any time after clicking "Yes", you do not wish

to be bound by this Agreement, you shall terminate this

Agreement by notifying Likno Software in writing, at one of the

addresses below, of such termination;

c. Further, this Agreement will terminate immediately and

without further notice if you fail to comply with any

provision of this Agreement;

d. Upon termination of this Agreement, for any reason, you

agree to destroy all copies of the Software by

uninstalling, deleting or taking any steps necessary to

render the Software unusable.

10. SURVIVAL UPON TERMINATION:

a. All obligations of confidentiality, rights associated with

intellectual property and restrictions on use and all other

provisions that may reasonably be interpreted to survive

termination of this Agreement, will survive termination of

this Agreement for any reason.

11. WARRANTY DISCLAIMERS:

a. The Software is licensed to you on an "AS IS" basis;

b. TO THE EXTENT PERMITTED BY LAW, LIKNO SOFTWARE

EXPRESSLY DISCLAIMS ALL WARRANTIES AND

CONDITIONS, OF ANY KIND, EXPRESS, STATUTORY

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE;

c. The entire risk as to the quality and performance of the

Software is with you. Should the Software or the

Documentation prove defective, you (and not Likno Software)

assume the entire cost of all necessary servicing or repair.

d. LIKNO SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS

CONTAINED IN THE SOFTWARE WILL MEET YOUR

REQUIREMENTS OR OPERATE IN THE COMBINATION

THAT YOU MAY SELECT FOR USE, THAT THE

OPERATION OF THE SOFTWARE WILL BE

UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS

IN THE SOFTWARE WILL BE CORRECTED. NO ORAL

OR WRITTEN STATEMENT BY LIKNO SOFTWARE OR ITS

AUTHORIZED AGENTS OR DISTRIBUTORS SHALL

CREATE A WARRANTY OR INCREASE THE SCOPE

OF THIS WARRANTY;

e. LIKNO SOFTWARE FURTHER DOES NOT PROVIDE ANY

WARRANTY WITH RESPECT TO THE DETECTION

OR ELIMINATION OF COMPUTER VIRUSES IN

ANY FORM;

f. LIKNO SOFTWARE DOES NOT WARRANT THE SOFTWARE AGAINST

INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY

COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK

OR OTHER PROPRIETARY RIGHT OF ANY THIRD

PARTY AND DOES NOT WARRANT THAT THE

SOFTWARE DOES NOT INCLUDE ANY VIRUS,

SOFTWARE ROUTINE OR OTHER SOFTWARE

DESIGNATED TO PERMIT UNAUTHORIZED ACCESS,

TO DISABLE, ERASE OR OTHERWISE HARM

SOFTWARE, HARDWARE OR DATA, OR TO PERFORM

ANY OTHER SUCH ACTIONS;

g. Some states or jurisdictions do not allow the exclusion of

implied warranties, conditions or limitations, so the above

may not apply to you and your rights may vary from

jurisdiction to jurisdiction. Any warranties that by law

survive the foregoing disclaimers shall terminate sixty

(60) days from the date you installed the Software.

12. LIMITATION OF LIABILITY:

a. YOUR SOLE REMEDIES AND LIKNO SOFTWARE's ENTIRE LIABILITY

FOR THE SOFTWARE ARE SET FORTH IN THIS

AGREEMENT. IN NO EVENT WILL LIKNO SOFTWARE BE LIABLE

FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL

OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS

OR LOST SAVINGS, RESULTING FROM THE USE OF THE

SOFTWARE, THE INABILITY TO USE THE SOFTWARE,

OR ANY DEFECT IN THE SOFTWARE, EVEN IF LIKNO SOFTWARE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY;

b. You agree that Likno Software shall not be liable for defense costs

or indemnity with respect to any claim against you by any

third party arising from your possession or use of the

Software;

c. In no event shall Likno Software's maximum aggregate liability to

you for all damages, losses, and causes of action (whether

in contract, tort, including negligence, or otherwise)

exceed the License Fee you paid for the Software;

d. The limitations imposed by this section shall apply whether

or not the alleged breach or default is a breach of a

fundamental condition or term;

e. Some jurisdictions do not allow the exclusion or limitation

of incidental or consequential damages, so the above

limitations or exclusions may not apply to you.

13. NOT INTENDED FOR HIGH-RISK ACTIVITIES:

a. The Software is not designed, manufactured or intended for

use as online equipment control equipment in hazardous

environments requiring fail-safe performance, such as, but

not limited to, the operation of nuclear facilities,

aircraft navigation or communication systems, air traffic

control, direct life support machines, or weapons systems,

in which the failure of the Software could lead directly to

death, personal injury, or severe physical or environmental

damage. LIKNO SOFTWARE SPECIFICALLY DISCLAIMS ANY

EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR

ANY HIGH RISK USES LISTED ABOVE.

14. GOVERNING LAW AND INTERPRETATION:

a. The rights and obligation of the parties under this

agreement shall not be governed by the United Nations

Convention on Contracts for the International Sale of

Goods;

b. If any provision of this Agreement is held to be illegal,

void or unenforceable by a court or tribunal of competent

jurisdiction, the remaining provisions of this Agreement

shall remain in force and effect and the invalid provision

deemed modified to the least degree necessary to remedy

such invalidity.

15. NOTICE TO U.S. GOVERNMENT END USERS:

a. The Software may be "Commercial Items" as that term is

defined at 48 C.F.R. 2.101, consisting of "Commercial

Computer Software" and "Commercial Computer Software

Documentation", as such terms are used in 48 C.F.R. 12.212

or 48 C.F.R. 227.7202, as applicable. Consistent with 48

C.F.R. 12.2112 or 48 C.F.R. 227.7202-1 through 227.7202-4,

as applicable, the Commercial Computer Software and

Commercial Computer Software Documentation are being

licensed in this Agreement to United States Government

licensees (A) only as Commercial Items and (B) with only

those rights as are granted to all other licensees pursuant

to the terms and conditions herein.

16. ENTIRE AGREEMENT:

a. This Agreement is the entire agreement between you and

Likno Software and supersedes all prior agreements, oral or written

with respect to this license.

Questions concerning this Agreement may be directed to Likno Software

at: [email protected]

Email address for termination of this Agreement:

[email protected]

Copyright 1999-2011 by Likno Software. All rights reserved.
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