This
ScriptingPod.com Freeware End-User License Agreement ("EULA") is a
legal agreement between you (either an individual person or a single legal
entity, who will be referred to in this EULA as "User") and
ScriptingPod.com for the ScriptingPod.com freeware product that
accompanies this EULA, is downloaded from the scriptingpod.com website, or that
is subsequently provided to the User pursuant to further order, including any
associated media, printed materials and electronic documentation (collectively,
the "Freeware Product"). By installing, copying, downloading,
accessing or otherwise using the Freeware Product, User agrees to be bound by
the terms of this EULA. If User does not accept and agree to the terms and
conditions of this EULA, ScriptingPod.com is unwilling to license the Freeware
Product contained herein to User. In that case do not install, access or use
the Freeware Product; instead delete the Freeware Product from your computer or
network in whatever form(s) it exists.
ScriptingPod.com: means ScriptingPod.com and the registered owner, Lee
M. Laboy
User: the individual person or single legal entity that is
deemed to be the licensed user of the Product under the terms of this EULA.
Freeware
Product: means the ScriptingPod.com
Freeware Product that accompanies this EULA, including any associated media,
printed materials and electronic documentation. The Freeware Product also
includes any Freeware updates, Freeware version upgrades, Freeware
configuration upgrades, add-on components, web services and/or supplements that
ScriptingPod.com may provide to User or make available to User after the date
User obtains the initial copy of the Freeware Product, to the extent that such
items are not accompanied by a separate license agreement or terms of use.
Freeware
Bundle: refers to when two or more
ScriptingPod.com Freeware Products are supplied together as an inclusive
package. When Freeware Products are supplied as a Freeware Bundle they are
deemed a single Freeware Product in terms of their usage and transfer. In no
event shall User be permitted to install any portion of a Freeware Bundle on a
computer or network for which any of the Freeware Products are not
licensed.
The
Freeware Product is licensed, not sold. The Freeware Product is the sole
property of ScriptingPod.com and is protected by all applicable intellectual
property and contract laws, including but not limited to laws relating to
patent, copyright and trademark laws, and by applicable international treaties
and trade provisions. Any breach of ScriptingPod.com’s rights as the sole owner
of the Freeware Product and all intellectual property rights contained therein
and in the Freeware Product may subject the offender to civil and criminal
penalties, including fine and/or imprisonment.
This
EULA grants User the non-exclusive right to: install and use the Freeware upon
a single computer. Under no circumstances, shall the User redistribute the
Freeware, whether for commercial gain or for no gain. Any use in violation of
the license shall constitute not only breach of this EULA, but a violation of
national and international copyright laws. In the event that any provision of
this EULA is breached by User the license granted by this EULA shall
automatically terminate without further action by ScriptingPod.com, and whether
or not User abides by such termination.
User
may permanently transfer the entire Freeware Product to any third party only
upon obtaining written consent from ScriptingPod.com, providing that the
original User destroys all remaining copies of the Freeware Product, and any
portions thereof, and that the third party accepts the terms of this EULA in
its entirety.
In
the event that User has received this Freeware Product as part of a Freeware
Bundle, then all Freeware Products supplied as part of that Freeware Bundle
must be transferred. Under no circumstances can a Freeware Product supplied as
part of a Freeware Bundle be transferred separately.
User
will not have any proprietary rights in and to the software. The User
acknowledges and agrees that ScriptingPod.com retains all copyrights and other
proprietary rights in and to the software.
User
may not distribute the Freeware.
User
may not modify, enhance, reverse engineer, translate, or make derivative works
of the Freeware Product.
User
may not sub-license, rent, lease or provide service bureau services such as
Freeware leases or rentals with any portion of the Freeware Product.
To
the maximum extent permitted under law, if during the warranty period set forth
below, a defect is discovered by User, User’s exclusive remedy hereunder shall
be, at the sole option of ScriptingPod.com, the repair or replacement of the
Freeware Product. In order to obtain such remedy, User must return the Freeware
Product in its entirety to ScriptingPod.com, for a replacement copy.
THE
FREEWARE PRODUCT IS PROVIDED ENTIRELY “AS IS” AND WITH AN ALL FAULTS BASIS.
SCRIPTINGPOD.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED OR EXPRESS WARRANTIES OF
TITLE.
TO
THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL
SCRIPTINGPOD.COM BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF
INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
SUPPLY TO OR USER’S USE OF OR INABILITY TO USE THE FREEWARE PRODUCT, WHETHER
SCRIPTINGPOD.COM HAS BEEN INFORMED OF THE POSSIBILITY OF THE SAME OR NOT, AND
WHETHER STYLED AS A CLAIM IN CONTRACT, TORT OR OTHER LEGAL THEORY.
USER
ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN
MADE BY SCRIPTINGPOD.COM TO ANY PERSON OR COMPANY ON USER’S BEHALF AS TO THE
PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM
DELIVERY TO USER OF THE FREEWARE PRODUCT. USER HAS RELIED UPON ITS OWN SKILL
AND JUDGMENT IN ACQUIRING THE FREEWARE PRODUCT. TO THE EXTENT APPLICABLE LAW
DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, USER
AGREES THAT ITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR (U.S.). NOTHING HEREIN
SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS AGAINST USER BEYOND THOSE
PERMITTED BY APPLICABLE LAW.
This
EULA embodies the entire agreement between ScriptingPod.com and User in
relation to the terms on which User is licensed to use the Freeware Product;
any written or oral agreement between the parties in connection with the
subject matter hereof is hereby superseded and of no further force or effect.
This EULA may be amended only by a writing executed by both parties.
This
EULA is governed by the laws of the State of
If
any provision of this EULA is or at any time becomes illegal, prohibited, void
or unenforceable for any reason, that provision is severed from this EULA and
the remaining provisions of this EULA shall continue to be enforceable and are
to be construed with such additions, deletions and modifications as are
necessary to give effect to the remaining provisions of this EULA.
THIS
LICENSE IS EFFECTIVE UNTIL TERMINATED. User may terminate it by destroying or
returning all copies of the Freeware Product and all of its component parts.
THIS LICENSE WILL TERMINATE AUTOMATICALLY WITHOUT FURTHER ACTION FROM
SCRIPTINGPOD.COM IF USER FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS
AGREEMENT.