|
SOODSOOD END USER LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS LICENSE AGREEMENT. BY INSTALLING OR USING THE SOFTWARE ACCOMPANYING THIS LICENSE, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. THE SOFTWARE IS FOR LIMITED ALPHA-LEVEL AND BETA-LEVEL EVALUATION AND DEMONSTRATION PURPOSES ONLY, AND IS PROVIDED 'AS IS' AND WITHOUT ANY SUPPORT.
This is a legally binding agreement ("License") between you, the end user (either an individual or single entity), and SawasdeeShop Co., Ltd. dba SoodSood ("SoodSood"). The enclosed or downloaded SoodSood Product ("Product") is licensed by SoodSood for use only on the terms of this License. The Product includes software ("Software") and related explanatory written or on-line materials ("Documentation"). The term "Software" includes any upgrades, modified versions, additions, and copies of the Software provided to you by SoodSood. By downloading, installing, copying, or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, do NOT download the Software or, if you have received the Software in packaged form, return the Product to SoodSood. This license is for evaluation purposes only, and can be terminated by SoodSood at any time for any reason or for no reason with or without notice.
GRANT OF LICENSE.
PurpleComm grants to you the following rights:
Software and Use. You may use the Software for the sole purpose of evaluating the Software and its operation.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Feedback. During the term of this License, you will provide error reports and feedback to PurpleComm regarding testing and use of the Software ("Feedback"). You acknowledge that Feedback is PurpleComm's confidential information, and assign all interests in Feedback to PurpleComm.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, disassemble, adapt, translate, or create derivatives of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and you have so notified PurpleComm.
Software Transfer. You may not transfer Software in any form to a third party.
Termination. This License terminates 150 days after initial installation or on December 1, 2004 , whichever comes first. You may also terminate this License at any time by uninstalling and destroying or returning the Product together with all copies. This License terminates automatically, without prejudice to any other rights PurpleComm may have, if you fail to comply with the terms and conditions of this License, in which event you must uninstall and destroy all copies of the Software. PurpleComm may terminate this Agreement at any time for any reason, with or without cause, by providing notice to you or preventing you from accessing the Product or its network.
No Support. Product support, including upgrades, error corrections, and other forms of support, are NOT provided under this License. If PurpleComm elects to provide any support to you, it does so at its sole option and in its sole discretion, is not obligated thereby to provide any further support, and provides such support under the conditions and limitations of this License.
PAYMENT. You acknowledge that certain functions in the Product are only available to paid subscribers after a free trial of the Software ends. After the free trial period ends, you will be presented with the option to subscribe to the Product. If you choose not to subscribe to the Product, you acknowledge you will not access functions and services in the Product available to paid subscribers only. PurpleComm reserves the rights to alter the free trial periods and subscription payments at any time without notice.
COPYRIGHT. The Product and Feedback are the proprietary products of PurpleComm, and are protected by copyright laws and international treaty provisions. Unless authorized by a separate site/corporate license or as otherwise permitted by Section 1, you are prohibited from making any additional copies of the Software for any purpose, except as incidental to the productive use of the Software. Except for the limited license granted hereunder, this License does not grant you any interests, including intellectual property rights, in the Software, Product, or Feedback.
YOUR REPRESENTATION AND WARRANTIES. You represent and warrant that you possess the legal rights and ability to enter into this Agreement and to comply with its terms. You will use the Product for lawful purposes only in accordance with this Agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the Software and its network.
DISCLAIMER OF WARRANTY FOR SOFTWARE. PURPLECOMM SOFTWARE IS LICENSED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURPLECOMM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PURPLECOMM MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE SOFTWARE AND DOES NOT PROMISE THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY. IN NO EVENT IS PurpleComm, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR NETWORK SERVICE PROVIDERS RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF PROFIT OR DATA, EVEN IF PurpleComm HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. You agree that, regardless of the form of claim you may have, PurpleComm's liability to you or any other party does not exceed the purchase price, if any, paid by you to PurpleComm for the Product. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EMERGENCY CALLS. By accepting this Agreement, you acknowledge and agree that the PurpleComm Products do not and are not intended to carry emergency calls to law enforcement agencies, hospitals, ambulance, medical care facilities or any other kinds of emergency facilities.
OWNERSHIP OF SOFTWARE. PurpleComm and its suppliers have and retain all ownership interests in the Product, including all patent rights, copyrights, trade secrets, confidential information, trademarks, service marks, related goodwill, and confidential and proprietary information. You have no interests in the Product except as explicitly stated in this Agreement.
GOVERNING LAW. This Agreement is made under and is governed by and construed in accordance with the laws of the State of California . The parties hereby exclusively submit to the personal jurisdiction of the United States District court for the Northern District of California, and the State courts of the State of California for the County of Santa Clara , and waive any objection based on venue or convenience of forum. You acknowledge and agree that the Software and Documentation were delivered in California. The UN Convention On Contracts For The International Sale Of Goods and any choice of law rules do not apply, regardless of jurisdiction.
EXPORT LAW ASSURANCES. You acknowledge and agree that the Product is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Product nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder, nor will be used for any purpose prohibited by the same.
MISCELLANEOUS. Failure by either party to enforce any provision of this Agreement may not be deemed a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions nevertheless continue in full force and effect. This Agreement constitutes the entire agreement between you and PurpleComm with respect to its subject matter and may only be modified by a writing executed by an officer of PurpleComm.
US GOVERNMENT Licensees. The Software is 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 of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-18 as applicable. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer, of the Software other than as expressly permitted by such restrictions and regulations.
SoodSood VNC The SoodSood VNC program is based on Ultr@VNC (Copyright© 2002-2005 Ultr@VNC Team - All Rights Reserved) and distributed under the terms of GNU GPL ( http://www.gnu.org/copyleft/gpl.html ). You may obtain a copy of the source code of SoodSood VNC electronically by contacting PurpleComm, Inc. at 2620 Augustine Drive, Suite 100, Santa Clara, California, USA or by emailing license@PurpleComm.com.
GENERAL PROVISIONS. PurpleComm reserves the rights to modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement at the SoodSood web site www.SoodSood.com. Your continued use of the Products shall constitute your acceptance of such revised Agreement.
You expressly acknowledge that you have read this Agreement and understood the rights, obligations, terms and conditions contained herein. By continuing to install the Software, you expressly consent to be bound by the terms and conditions of this Agreement.
|