End User Agreement Stardock Fences 2.0 : Différence entre versions

Version actuelle en date du 22 mai 2013 à 16:51

END-USER LICENSE AGREEMENT
Download du 22/05/13

IMPORTANT--READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you (either an individual or a business entity) and Stardock Software, Inc. ("Stardock"), a subsidiary of Stardock Corporation, for the software product(s), which includes computer software (in object code format only) and, as applicable, associated media, printed materials, and "online" or electronic documentation (collectively hereinafter "Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE, AND EXIT NOW.

LICENSE TERMS
Following acceptance of this Agreement, you may install and use one (1) registered copy of the Software, subject to the terms and conditions set forth in this Agreement.
Use on a Personal Computer.
1. You may:
1. Install and use one (1) copy of the Software on a single computer.
2. Install the Software on another computer only if you change your main workstation. In such a case you must uninstall the Software from the previous computer.
3. Use the Software via a network, only if you have purchased an adequate number of licenses. The number of users must not exceed the number of licenses you have purchased. The trial or free versions of the Software is licensed to be used on one (1) computer. The paid version of the Software may be used on one (1) computer.
4. Make a single backup copy of the Software for archival purposes only.
2. You may not:
1. Install the Software on a computer used for commercial, corporate, educational or other non-personal use without first purchasing a license from Stardock. Please contact: corpsales@stardock.com or visit: https://store.stardock.com/corporatepricing for licensing options.

2. Copy and distribute the Software or any portion of it except as expressly provided in this Agreement.
3. Sublicense, rent, lease, transfer or assign your personal serial number or registration key.
4. Sublicense, rent, lease, sell or resell the Software or any portion of it.
5. Decompile, disassemble, reverse engineer or modify the Software or any portion of it, or make any attempt to bypass, unlock, or disable any digital rights management, protective or initialization system on the Software.
6. Copy any documentation accompanying, included within, or which is a part of the Software.
7. Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-use computer or online system regardless of purpose.
8. Include the Software in any commercial products intended for manufacture, distribution, or sale.

OTHER LIMITATIONS
Stardock and/or its agents may provide you with technical support services related to the Software ("Support Services"). Use of Support Services is governed by Stardock policies and programs described in the user manual, in "online" documentation, and/or in other Stardock- provided materials. With respect to technical information you provide to Stardock or its agents as part of the registration of your license to the Software or in connection with the Support Services, Stardock and its agents may use such information for its business purposes, including, without limitation, for product support and development.
Without prejudice to any other rights, Stardock may terminate Support Services if you fail to comply with the terms and conditions of this Agreement or if you violate any of the Terms of Service for Stardock’s Online Community or for the Stardock Store.

PROPRIETARY RIGHTS
Copyright. All title, copyrights, and other intellectual property rights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software), the accompanying media and printed materials, and any copies of the Software are owned by Stardock or its licensors. The Software is protected by U.S. and international copyright laws and treaties. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this Agreement.

U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer for such purpose is Stardock Corporation, 15090 Beck Road, Plymouth, MI 48170.

Submissions. Should you decide to transmit to Stardock’s website by any means or by any media any materials or other information "Content" (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Stardock and its assigns a nonexclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

All Content uploaded must be original material created by you. By uploading any Content, contributors are automatically assumed to be the creator and owner of the Content. You may not upload Content created by another person or taken from another source such as another website, etc. without express written permission from copyright owner. Copyright violation could result in account cancellation and in possible criminal prosecution.
By uploading content, you agree to accept the responsibility of supporting your upload. Under no circumstances shall Stardock be responsible for the support of your upload, nor will Stardock provide support for any upload not produced directly by Stardock.
If you upload malicious, inappropriate material repeatedly, your account will be cancelled without notice. By uploading you also acknowledge that the site administrators reserve the right to reject any of your uploads at any time if they feel that they are inappropriate for the site in any way. Stardock reserves the right to reject submissions for quality, completeness or other reasons deemed by the moderators.

DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES AND CONTENT ARE PROVIDED "AS IS." STARDOCK AND ITS PARENT, AFFILIATES, AGENTS AND SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES OR CONTENT. STARDOCK AND ITS PARENT, AFFILIATES, AGENTS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD- PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, AND ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, SOME OF THE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SOFTWARE. ANY LIABILITY OF STARDOCK FOR A DEFECTIVE COPY OF THE SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE WITH ANOTHER COPY. IN NO EVENT SHALL STARDOCK, ITS PARENT OR AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM A BREACH OF THIS AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STARDOCK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, USA. This Agreement constitutes the entire and integrated agreement and understanding between you and Stardock with respect to the subject matter hereof. There are no other oral or written agreements, understanding, statements or representations with respect to the Software or the subject matter hereof, unless expressly referenced in writing elsewhere in this Agreement. The term of this Agreement shall be perpetual, until properly terminated. You may terminate the license granted by this Agreement at any time by permanently uninstalling and removing the Software from each of your authorized personal computers and destroying all copies of the Software and its supporting documentation and content.