This License Agreement ("License") is a contract
between you (either an individual, organization or corporate entity) and
Pixby Software, LLC Incorporated ("Pixby Software"). The software
product Fast Photos ("Software") is the property of Pixby Software
and it's suppliers. The term "Software" also shall include any
upgrades, modified versions or updates of the Software licensed to you by
Pixby Software.
The Software is distributed under a try-before-you-buy
policy, also known as trialware. After obtaining the Software it will operate
in Unregistered Mode for a limited period of time. After Registration you
will receive a Registration Code or Key that allows you to operate the
software in Registered Mode.
The Software is made available to you, subject to the
following terms. Read this License carefully before installing or using the
Software and before purchasing a Registration Code.
By continuing the installation procedure or by purchasing
a Registration Code you indicate that you understand and accept this License.
If you do not accept this License, then you may not install or use the
Software nor may you purchase a Registration Code. Any use by you of this
Software also constitutes your acceptance of these terms.
1. INTELLECTUAL PROPERTY RIGHTS.
The Software is licensed, not sold, to you. The Software
is proprietary to Pixby Software and it's suppliers and the structure,
organization and code of the Software are the valuable trade secrets of Pixby
Software and it's suppliers. The Software is also protected by United States
and European Union copyright laws, international treaty provisions and other
copyright laws. Pixby Software and it's suppliers retain all copyrights and
other intellectual property rights in the Software. There are no implied
licenses under this License, and any rights not expressly granted to you
hereunder are reserved by Pixby Software and it's respective owners. You
acquire no ownership or other interest (other than your license rights) in or
to the Software.
2. USE OF THE SOFTWARE IN UNREGISTERED MODE.
Pixby Software grants you a non-exclusive license to use
the Software in Unregistered Mode free of charge. You may use the Software
either for evaluation or for productive purposes for a limited trial period
of time. You are prohibited by this License from attempting to undo,
circumvent or defeat the trial period limitation or the Registration Code
scheme of the Software. "Use" means storing, loading, installing,
executing or displaying the Software.
3. USE OF THE SOFTWARE IN REGISTERED MODE.
Pixby Software grants you a non-exclusive and
non-transferable license to use the Software in Registered Mode on the number
of computers for which the corresponding license fee has been paid. On each
computer, only one user at a time may use the Software in Registered Mode.
"Use" means storing, loading, installing, executing or displaying
the Software.
4. RESTRICTIONS ON USE.
You may not, sublicense, rent, or grant your rights in the
Software to others. You may not modify, decompile, disassemble, reverse
assemble, emulate, clone, extract data from or create derivative works based
on the Software. You may not use the Software in an unlawful manner. In no
event shall you permit third parties to use the Software in Registered Mode,
or use the Software for or on behalf of any third party (including but not
limited to use in a time-sharing service or a service bureau operation). You
may not remove any proprietary notices or this license agreement from the
Software. You may not disclose or provide access to your Registration Code(s)
to any other person, or attempt or assist others to defeat Software time
limitation or to create or use unauthorized Registration Codes.
5. LIMITED DISTRIBUTION.
You may not distribute copies of the Software to third
parties without prior explicit permission from Pixby Software. Interested
parties have to obtain copies of the Software through authorized distribution
channels, ensuring they will receive the latest version of the Software,
whether they intend to use the Software in Unregistered Mode or in Registered
Mode. The main distribution channel for the Software is the website of Pixby
Software. Usually permission for distribution is granted, however it may be
withheld for any reason (see the end of this document how to contact Pixby
Software for inquiries for distribution permission). The Registration Code is
utilized by the Software for license enforcement and is not permitted to any
kind of distribution.
6. NEW VERSIONS.
Pixby Software makes efforts to provide updates or new
versions of the Software free of charge as possible, but Pixby Software
reserves the right at any time not to release updates or new versions of the
Software or, if released, to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general availability
or other characteristics of the Software.
7. TECHNICAL SUPPORT.
If you purchased a Registration Code you will be eligible
for technical support via electronic mail for 60 days from the date of
purchase. Technical support will be provided either to you or, if you are an
organization or corporate entity, to a person nominated by you. Neither
consulting nor training is included in the technical support. Training and
consulting services are only provided pursuant to a separate agreement.
8. NO WARRANTY.
You acknowledge and agree that the use of the Software and
all accompanying documentation is at your sole risk. The Software is provided
"as is" and without warranty of any kind. To the maximum extent
permitted under applicable laws, the stated warranties are in lieu of all
other warranties, written or oral, statutory, expressed or implied, including,
without limitation thereto, the warranty of merchantability, the warranty of
fitness for a particular purpose, and non-infringement. Pixby Software does
not warrant that the functions contained in the Software will meet your
requirements, or that the operation of the Software will be free of errors.
Pixby Software shall not be liable for any incidental or consequential
damages of any nature or for any reason, or for commercial losses of any
cause, whether or not Pixby Software has received notice of the possibility
or certainty of such damages or losses. Consequential damages include any
loss of information, damage to computer equipment, loss of profits, business
interruptions and any other monetary loss.
9. LIMITATION OF LIABILITY.
To the maximum extent permitted under applicable laws,
under no circumstances, including negligence, shall Pixby Software and its
directors, officers, employees, or agents be liable for any incidental,
special or consequential damages (including damages for loss of business
profits, business interruption, loss of business information and the like)
arising out of the use of or inability to use the Software or the provision
of or failure to provide technical support services, even if Pixby Software
or its authorized representative has been advised of the possibility of such
damages. In no event shall Pixby Software's total liability to you for all
damages, losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount paid by you for the Software.
10. NO REFUNDS.
This License grants you the rights to evaluate the
Software in Unregistered Mode for a trial period of time to ensure that the
Software will meet the needs of your specific application or use prior to
purchasing a Registration Code. Once a Registration Code has been issued and
made available to you by Pixby Software there are no refunds and all sales
are final.
11. U.S. GOVERNMENT RIGHTS.
The Software is a "commercial item" as that term
is defined at 48 C.F.R. 2.101, consisting of "commercial computer
software" and "commercial computer software documentation" as
such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users
acquire the Software with only those rights set forth in this License.
12. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the
Product to any country, person, entity or end user subject to U.S.A. export
restrictions. You warrant and represent that neither the U.S.A. Bureau of
Export Administration nor any other federal agency has suspended, revoked or
denied your export privileges.
13. TERMINATION.
This License is effective until terminated. This License
will terminate immediately without notice from Pixby Software if you fail to
comply with any provision of this License. Upon such termination you must
destroy the Software, all copies thereof and any Registration Code that you
have purchased. You may also terminate this License at any time by destroying
the Software, all copies thereof and any Registration Code.
14. GOVERNING LAW AND GENERAL PROVISIONS.
This License will be governed by the laws of the State of
California, U.S.A., excluding the application of its conflicts of law rules.
This License will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
expressly excluded. If any part of this License is found void and
unenforceable, it will not affect the validity of the balance of the License,
which shall remain valid and enforceable according to its terms. This License
may only be modified in writing signed by an authorized officer of Pixby
Software.
15. INTERNATIONAL SALES.
If you purchase this product in any other country besides
the United States, you agree to the following: The parties hereto confirm
that it is their wish that this Software License Agreement, as well as all
other documents relating hereto, including Notices, have been and shall be
drawn up in the English language only.
CONTACT:
For any questions or inquiry, regarding this Software
License Agreement, please contact Pixby Software LLC., California, U.S.A.
Please see Pixby Software's website at http://www.pixby.com for current
electronic mail addresses.
