Easy Disk Catalog Maker 1.7.0.0

EULA - End User License Agreement

Easy Disk Catalog Maker
END USER LICENSE AGREEMENT
1. Preamble: This Agreement, signed on Aug 30, 2012 [hereinafter:
Effective Date] governs the relationship between User, a private
person, (hereinafter: Licensee) and RBSoft, a private person whose
principal place of business is India (Hereinafter: Licensor). This
Agreement sets the terms, rights, restrictions and obligations on
using [Easy Disk Catalog Maker] (hereinafter: The Software) created and
owned by Licensor, as detailed herein
2. Demo and Registration: This product is copyrighted shareware, not
public-domain software. You may use the unregistered version at no
charge for scanning 10 disks only. To continue to use the software
beyond the 10 disks limit, you must register it. The "must" in the
previous paragraph is a legal and moral must, not an engineering must.
This software is not time limited in any way. When you register you
eliminate the registration reminder and demo limit of 10 disks.
3. License Grant: Licensor hereby grants Licensee a Personal,
Non-assignable non-transferable, Commercial, Without the
rights to create derivative works, exclusive license, all with
accordance with the terms set forth and other legal restrictions
set forth in 3rd party software used while running Software.
1. Limited: Licensee may use Software for the purpose of:
1. Running Software on Licensee's Computers;
2. Publishing Software's output to Licensee and
other 3rd Party Licensees;
3. Distribute verbatim copies of Software's output to other
Licensees;
2. Non Assignable Non-Transferable: Licensee may not assign or
transfer his rights and duties under this license.
3. Commercial, Royalty Free: Licensee may use Software for any purpose,
including paid-services, without any royalties.
4. Exclusive: Licensee may use Software him/herself but other users of the
software requires separate license.
5. With support maintenance: Licensor shall provide Licensee
support and maintenance through electronic mail.
4. Term Termination: The Term of this license shall be until
terminated. Licensor may terminate this Agreement, including
Licensee's license in the case where Licensee :
1. became insolvent or otherwise entered into any liquidation
process; or
2. exported The Software to any jurisdiction where licensor may
not enforce his rights under this agreements in; or
3. Licensee was in breach of any of this license's terms and
conditions and such breach was not cured, immediately upon
notification; or
4. Licensee in breach of any of the terms of clause 2 to this
license; or
5. Licensee otherwise entered into any arrangement which caused
Licensor to be unable to enforce his rights under this
License.
5. Payment: In consideration of the License granted under clause 2,
Licensee shall pay Licensor a {fee}, via PayPal or any other mean
which Licensor may deem adequate. Failure to perform payment shall
construe as material breach of this Agreement.
6. Upgrades, Updates and Fixes: Licensor may provide Licensee, from
time to time, with Upgrades, Updates or Fixes, as detailed herein
and according to his sole discretion. Licensee hereby warrants to
keep The Software up-to-date and install all relevant updates and
fixes, and may, at his sole discretion, purchase upgrades,
according to the rates set by Licensor. Licensor shall provide any
update or Fix free of charge; however, nothing in this Agreement
shall require Licensor to provide Updates or Fixes.
1. Upgrades: for the purpose of this license, an Upgrade shall be
a material amendment in The Software, which contains new
features and or major performance improvements and shall be
marked as a new version number. For example, should Licensee
purchase The Software under version 1.X.X, an upgrade shall
commence under number 2.0.0.
2. Updates: for the purpose of this license, an update shall be a
minor amendment in The Software, which may contain new
features or minor improvements and shall be marked as a new
sub-version number. For example, should Licensee purchase The
Software under version 1.1.X, an upgrade shall commence under
number 1.2.0.
3. Fix: for the purpose of this license, a fix shall be a minor
amendment in The Software, intended to remove bugs or alter
minor features which impair the The Software's functionality.
A fix shall be marked as a new sub-sub-version number. For
example, should Licensee purchase Software under version
1.1.1, an upgrade shall commence under number 1.1.2.
7. Support: Software is provided with limited support, as detailed in
the Software's SLA detailed under the License Grant. Licensor shall
provide support via the electronic mail and on regular business days
and hours.
1. Bug Notification: Licensee may provide Licensor of details
regarding any bug, defect or failure in The Software promptly
and with no delay from such event; Licensee shall comply with
Licensor's request for information regarding bugs, defects or
failures and furnish him with information, screenshots and try
to reproduce such bugs, defects or failures.
2. Feature Request: Licensee may request additional features in
Software, provided, however, that (i) Licensee shall waive any
claim or right in such feature should feature be developed by
Licensor; (ii) Licensee shall be prohibited from developing
the feature, or disclose such feature request, or feature, to
any 3rd party directly competing with Licensor or any 3rd
party which may be, following the development of such feature,
in direct competition with Licensor; (iii) Licensee warrants
that feature does not infringe any 3rd party patent,
trademark, trade-secret or any other intellectual property
right; and (iv) Licensee developed, envisioned or created the
feature solely by himself.
8. Liability: To the extent permitted under Law, The Software is
provided under an AS-IS basis. Licensor shall never, and without
any limit, be liable for any damage, cost, expense or any other
payment incurred by Licensee as a result of Software's actions,
failure, bugs and/or any other interaction between The Software
and Licensee's end-equipment, computers, other software or any 3rd
party, end-equipment, computer or services.
9. Warranty:
1. Intellectual Property: Licensor hereby warrants that The
Software does not violate or infringe any 3rd party claims in
regards to intellectual property, patents and/or trademarks
and that to the best of its knowledge no legal action has been
taken against it for any infringement or violation of any 3rd
party intellectual property rights.
2. No-Warranty: The Software is provided without any warranty;
Licensor hereby disclaims any warranty that The Software shall
be error free, without defects or code which may cause damage
to Licensee's computers or to Licensee, and that Software
shall be functional. Licensee shall be solely liable to any
damage, defect or loss incurred as a result of operating
software and undertake the risks contained in running The
Software on License's Computers.
3. Prior Inspection: Licensee hereby states that he inspected The
Software thoroughly and found it satisfactory and adequate to
his needs, that it does not interfere with his regular
operation and that it does meet the standards and scope of his
computer systems and architecture. Licensee found that The
Software interacts with his development, computer environment
and that it does not infringe any of End User License Agreement
of any software Licensee may use in performing his services.
Licensee hereby waives any claims regarding The Software's
incompatibility, performance, results and features, and warrants
that he inspected the The Software.
10. No Refunds: Licensee warrants that he inspected The Software
according to clause 7(c) and that it is adequate to his needs.
Accordingly, as The Software is intangible goods, Licensee shall
not be, ever, entitled to any refund, rebate, compensation or
restitution for any reason whatsoever, even if The Software
contains material flaws.
11. Indemnification: Licensee hereby warrants to hold Licensor harmless
and indemnify Licensor for any lawsuit brought against it in
regards to Licensee's use of The Software in means that violate,
breach or otherwise circumvent this license, Licensor's
intellectual property rights or Licensor's title in The Software.
Licensor shall promptly notify Licensee in case of such legal
action and request Licensee's consent prior to any settlement in
relation to such lawsuit or claim.
12. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate
class-action lawsuits against Licensor in relation to this license
and to compensate Licensor for any legal fees, cost or attorney
fees should any claim brought by Licensee against Licensor be
denied, in part or in full.