» version 1.20 - posted on 2006-05-05
EULA - End User License Agreement
SOFTWARE LICENSE AGREEMENT
UniPad - The Unicode Text Editor
(C)1997-2006 Sharmahd Computing Inc.
This License Agreement ("License") is a contract between you (either an individual, organization or corporate entity) and Sharmahd Computing Incorporated ("Sharmahd Computing"). The software product SC UniPad ("Software") is the property of Sharmahd Computing and its suppliers. The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by Sharmahd Computing.
The Software is distributed under a try-before-you-buy policy, also known as trialware. After obtaining the Software it will operate in Unregistered Mode with limited features. After Registration you will receive a Registration Code that allows you to remove the feature limits and the Software will operate in Registered Mode.
The Software is made available to you, subject to the following terms. Read this License carefully before installing or using the Software and before purchasing a Registration Code.
By continuing the installation procedure or by purchasing a Registration Code you indicate that you understand and accept this License. If you do not accept this License, then you may not install or use the Software nor may you purchase a Registration Code. Any use by you of this Software also constitutes your acceptance of these terms.
1. INTELLECTUAL PROPERTY RIGHTS.
The Software is licensed, not sold, to you. The Software is proprietary to Sharmahd Computing and its suppliers and the structure, organization and code of the Software are the valuable trade secrets of Sharmahd Computing and its suppliers. The Software is also protected by United States and European Union copyright laws, international treaty provisions and other copyright laws. Sharmahd Computing and its suppliers retain all copyrights and other intellectual property rights in the Software. There are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Sharmahd Computing and its respective owners. You acquire no ownership or other interest (other than your license rights) in or to the Software.
2. USE OF THE SOFTWARE IN UNREGISTERED MODE.
Sharmahd Computing grants you a non-exclusive license to use the Software in Unregistered Mode free of charge. You may use the Software either for evaluation or for productive purposes for an unlimited period of time. You are prohibited by this License from attempting to undo, circumvent or defeat the feature limitation of the Software. "Use" means storing, loading, installing, executing or displaying the Software.
3. USE OF THE SOFTWARE IN REGISTERED MODE.
Sharmahd Computing grants you a non-exclusive and non-transferable license to use the Software in Registered Mode on the number of computers for which the corresponding license fee has been paid. On each computer, only one user at a time may use the Software in Registered Mode. "Use" means storing, loading, installing, executing or displaying the Software.
4. RESTRICTIONS ON USE.
You may not, sublicense, rent, or grant your rights in the Software to others. You may not modify, decompile, disassemble, reverse assemble, emulate, clone, extract data from or create derivative works based on the Software. You may not use the Software in an unlawful manner. In no event shall you permit third parties to use the Software in Registered Mode, or use the Software for or on behalf of any third party (including but not limited to use in a time-sharing service or a service bureau operation). You may not remove any proprietary notices or this license agreement from the Software. You may not disclose or provide access to your Registration Code(s) to any other person, or attempt or assist others to defeat Software feature limitation or to create or use unauthorized Registration Codes.
5. LIMITED DISTRIBUTION.
You may not distribute copies of the Software to third parties without prior explicit permission from Sharmahd Computing. Interested parties have to obtain copies of the Software through authorized distribution channels, ensuring they will receive the latest version of the Software, whether they intend to use the Software in Unregistered Mode or in Registered Mode. The main distribution channel for the Software is the website of Sharmahd Computing. Usually permission for distribution is granted, however it may be withheld for any reason (see the end of this document how to contact Sharmahd Computing for inquiries for distribution permission). The Registration Code is utilized by the Software for license enforcement and is not permitted to any kind of distribution.
6. NEW VERSIONS.
Sharmahd Computing makes efforts to provide updates or new versions of the Software free of charge as possible, but Sharmahd Computing reserves the right at any time not to release updates or new versions of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
7. TECHNICAL SUPPORT.
If you purchased a Registration Code you will be eligible for technical support via electronic mail for 90 days from the date of purchase. Technical support will be provided either to you or, if you are an organization or corporate entity, to a person nominated by you. Neither consulting nor training is included in the technical support. Training and consulting services are only provided pursuant to a separate agreement.
8. NO WARRANTY.
You acknowledge and agree that the use of the Software and all accompanying documentation is at your sole risk. The Software is provided "as is" and without warranty of any kind. To the maximum extent permitted under applicable laws, the stated warranties are in lieu of all other warranties, written or oral, statutory, expressed or implied, including, without limitation thereto, the warranty of merchantability, the warranty of fitness for a particular purpose, and non-infringement. Sharmahd Computing does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be free of errors. Sharmahd Computing shall not be liable for any incidental or consequential damages of any nature or for any reason, or for commercial losses of any cause, whether or not Sharmahd Computing has received notice of the possibility or certainty of such damages or losses. Consequential damages include any loss of information, damage to computer equipment, loss of profits, business interruptions and any other monetary loss.
9. LIMITATION OF LIABILITY.
To the maximum extent permitted under applicable laws, under no circumstances, including negligence, shall Sharmahd Computing and its directors, officers, employees, or agents be liable for any incidental, special or consequential damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use of or inability to use the Software or the provision of or failure to provide technical support services, even if Sharmahd Computing or its authorized representative has been advised of the possibility of such damages. In no event shall Sharmahd Computing's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you for the Software.
10. NO REFUNDS.
This License grants you the rights to evaluate the Software in Unregistered Mode for an unlimited period of time to ensure that the Software will meet the needs of your specific application or use prior to purchasing a Registration Code. Once a Registration Code has been issued and made available to you by Sharmahd Computing there are no refunds and all sales are final.
11. U.S. GOVERNMENT RIGHTS.
The Software is a "commercial item" 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. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth in this License.
12. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the Product to any country, person, entity or end user subject to U.S.A. export restrictions. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
This License is effective until terminated. This License will terminate immediately without notice from Sharmahd Computing if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all copies thereof and any Registration Code that you have purchased. You may also terminate this License at any time by destroying the Software, all copies thereof and any Registration Code.
14. GOVERNING LAW AND GENERAL PROVISIONS.
This License will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This License will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License is found void and unenforceable, it will not affect the validity of the balance of the License, which shall remain valid and enforceable according to its terms. This License may only be modified in writing signed by an authorized officer of Sharmahd Computing.
15. INTERNATIONAL SALES.
If you purchase this product in any other country besides the United States, you agree to the following: The parties hereto confirm that it is their wish that this Software License Agreement, as well as all other documents relating hereto, including Notices, have been and shall be drawn up in the English language only.
For any questions or inquiry, regarding this Software License Agreement, please contact Sharmahd Computing Inc., California, U.S.A. Please see Sharmahd Computing's Internet site at http://www.sharmahd.com for current electronic mail and postal contact addresses.