End User License Agreement (EULA)
ATLANTIC BLUE COMPUTING END-USER LICENSE AGREEMENT (April
2003)
Copyright (C) 2002,
2003, 2004, 2005, 2006, 2007 Atlantic Blue Computing Limited. International copyright.
All Rights Reserved.
IMPORTANT - READ CAREFULLY: This ATLANTIC BLUE COMPUTING
End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and ATLANTIC BLUE COMPUTING LIMITED for ABCFIND
SOFTWARE, which includes any associated SOFTWARE components, any
media, and any "online" or electronic documentation ("SOFTWARE"). By
installing, copying, or otherwise using the SOFTWARE, you agree to
be bound by the terms of this EULA. If you do not agree to the terms
of this EULA, do not install or use the SOFTWARE, and return the
whole package to the location where you obtained it within 30 days
from purchase.
1. The SOFTWARE is licensed for use, not sold.
There is therefore no transfer of any rights of ownership.
2.
GRANT OF LICENSE.
(a) Licensed Copy. After you have purchased the license
for this SOFTWARE you are licensed to copy the SOFTWARE only into
the memory of the number of computers corresponding to the number of
licenses purchased. Under no circumstances may the SOFTWARE be operated at the
same time on more than the number of computers for which you have
paid a separate license fee. You may not duplicate the SOFTWARE in
whole or in part, except that you may make one copy of the SOFTWARE
for backup or archival purposes. You may terminate this license at
any time by destroying the original and all copies of the SOFTWARE
in whatever form. You may permanently transfer all of your rights
under this EULA provided you transfer all copies of the SOFTWARE
(including copies of all prior versions if the SOFTWARE is an
upgrade) and retain none, and the recipient agrees to the terms of
this EULA.
(b) Evaluation Copy. You may use the demonstration
SOFTWARE from the day that you install the SOFTWARE without charge
on an evaluation basis until the date of expiry of the SOFTWARE
published within the SOFTWARE and with the SOFTWARE at the time of
receipt, or for an indefinite period subject to any evaluation
restrictions in the performance of the SOFTWARE. If you continue to
use the SOFTWARE after any date of expiry of the SOFTWARE without
paying the license fee you will be using the SOFTWARE on an
unlicensed basis.
(c) Redistribution of Evaluation Copy. If
you are using SOFTWARE on an evaluation basis you may make copies of
the evaluation SOFTWARE as you wish; give exact copies of the
original evaluation SOFTWARE to anyone; and distribute the
evaluation SOFTWARE in its unmodified form via electronic means
(Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.).
You may not charge any fee for the copy or use of the evaluation
SOFTWARE itself, but you may charge a distribution fee that is
reasonably related to any cost you incur distributing the evaluation
SOFTWARE (e.g. packaging). You must not represent in any way that
you are selling the SOFTWARE itself. Your distribution of the
evaluation SOFTWARE will not entitle you to any compensation from
ATLANTIC BLUE COMPUTING LIMITED. You must distribute a copy of this EULA with any copy of
the SOFTWARE and anyone to whom you distribute the SOFTWARE is
subject to this EULA.
3. RESTRICTIONS. You may not reverse
engineer, de-compile, or disassemble the SOFTWARE, except and only
to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. You may not rent,
lease, or lend the SOFTWARE. You may permanently transfer all of
your rights under this EULA, provided the recipient agrees to the
terms of this EULA. You may not use the SOFTWARE to perform any
unauthorized transfer of information (e.g. transfer of files in
violation of a copyright) or for any illegal purpose.
4.
SUPPORT SERVICES. Atlantic Blue Computing may provide you with support services
related to the SOFTWARE. Use of Support Services is governed by the
Atlantic Blue Computing polices and programs described in online documentation,
and/or other Atlantic Blue Computing provided materials, as they may be modified
from time to time. Any supplemental SOFTWARE code provided to you as
part of the Support Services shall be considered part of the
SOFTWARE and subject to the terms and conditions of this EULA. With
respect to technical information you provide to Atlantic Blue Computing as part of
the Support Services, Atlantic Blue Computing may use such information for its
business purposes, including for product support and development.
Atlantic Blue Computing will not utilize such technical information in a form that
personally identifies you.
5. TERMINATION. Without prejudice
to any other rights, Atlantic Blue Computing may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE.
6. COPYRIGHT.
The SOFTWARE is protected by United Kingdom and International
copyright law and international treaty provisions. You acknowledge
that no title to the intellectual property in the SOFTWARE is
transferred to you. You further acknowledge that title and full
ownership rights to the SOFTWARE will remain the exclusive property
of Atlantic Blue Computing and you will not acquire any rights to the SOFTWARE
except as expressly set forth in this license. You agree that any
copies of the SOFTWARE will contain the same proprietary notices
which appear on and in the SOFTWARE.
7. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the SOFTWARE to any
country, person, entity, or end user subject to United Kingdom
export restrictions. You warrant and represent that the United
Kingdom authorities have not suspended, revoked or denied your
export privileges.
8. NO WARRANTIES. Atlantic Blue Computing expressly
disclaims any warranty for the SOFTWARE including any programming
errors which have not been corrected after testing. THE SOFTWARE AND
ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO WARRANTY FOR
UPGRADES, PATCHES, FIXES, NEW OR REVISED VERSIONS IS OFFERED,
although Atlantic Blue Computing may offer FREE OF CHARGE upgrades or revised
versions of the SOFTWARE from time to time or upon request entirely
at the discretion of Atlantic Blue Computing.
9. LIMITATION OF LIABILITY. IN
NO EVENT SHALL ATLANTIC BLUE COMPUTING OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF THE DELIVERY, PERFORMANCE, USE OR MISUSE OF THE
SOFTWARE, EVEN IF ATLANTIC BLUE COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY EVENT, ATLANTIC BLUE COMPUTING'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT
EXCEED THE GREATER OF GBP1.00 OR THE LICENSE FEE PAID BY YOU. In
addition this SOFTWARE must be thoroughly tested by the user with
non-critical data before relying on it, and the user should be fully
conversant with the program or SOFTWARE and the result of using it.
In particular a BACKUP of all critical, important or or in any way
valuable data should be made BEFORE and retained separately AFTER
using any program or SOFTWARE which may in any way interfere with,
damage, delete or in any other way change or modify the data. The
user must assume the entire risk of using the program or
SOFTWARE.
10. NATIONAL GOVERNMENT RESTRICTED RIGHTS. The
SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by a Government may be subject to restrictions as set
forth by that Government. Manufacturer is Atlantic Blue Computing Limited, 31 King Henry Close,
Charlton Kings, Cheltenham, Gloucestershire GL53 7EZ, UK.
11. APPLICABLE
LAW. This EULA is governed by the laws of England, UK.
Should you have any questions regarding this EULA please
contact Atlantic Blue Computing Limited by mail at 31 King Henry Close,
Charlton Kings, Cheltenham, Gloucestershire GL53 7EZ, UK, or by electronic mail at support@atlantic-blue.com, or by visiting
http://www.atlantic-blue.com.
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