Please read this License Agreement carefully before proceeding. This Agreement licenses Software to you [either an individual or single entity] from Vertical Moon and contains warrant and liability disclaimers. By installing, copying or otherwise using this Software, you are confirming that you have read and understand this Agreement and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you should not install or use this Software.
"Software" means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided. "Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Computer" means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Permitted Number" means one (1) unless otherwise indicated under a valid license granted by Vertical Moon.
2. Software License
2.1 As long as you comply with the terms of this End User License Agreement, Vertical Moon grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation, as further set forth below.
2.2 You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of Computers
2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or Used on any Computer. The backup copy must included all copyright information contained on the original. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided in the Transfer section in this Agreement.
2.4 Portable Computer Use. The primary user of the Computer on which the Software is installed may also make a second copy for his or her exclusive use on a portable Computer provided the Software on the portable Computer is not being used at the same time the Software on the primary Computer is being used.
2.5 Except as permitted by applicable law and this License, you may not modify, reverse engineer, disassemble, decompile the Software.
You may not rent, lease, sell, sublicense, un-bundle and/or repackage for distribution or resale, or authorize all of any portion of the Software to be copied onto another users Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you transfer this Agreement, the serial number(s), Software and all other software or hardware bundled, packaged or pre-intalled with the Software, including all copies, Updates and prior versions; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software.
Without prejudice to any other rights, Vertical Moon may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such an event, you must destroy all copies of the Software.
5. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. VERTICAL MOON SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.
6. Limitation of Liability
IN NO EVENT WILL VERTICAL MOON, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, EVEN IF VERTICAL MOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Vertical Moon's liability in connection with the Software, regardless of the form of action, exceed the amount paid for this License to the Software. Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you.
You may not download or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. By accepting this agreement you represent and warrant that you: (a) understand that the Software is subject to export controls under the EAR, (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Federal Republic of Yugoslavia (including Serbia but not Kosovo or Montenegro), and Taliban controlled areas of Afghanistan), (c) are not a Denied Party, Specially Designated National, or other person or entity prohibited from receiving exports / re-exports by U.S. law; and (d) will not export, re-export, or transfer the Software to any prohibited destination entity or individual without the necessary export license(s) or authorization(s) from the U.S. Government.
8. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law provisions. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in Orange County, California and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected.
Copyright © 2003-2005, Vertical Moon, Inc.
All Rights Reserved