Image Tricks End User License Agreement
THIS LICENSING AGREEMENT ("AGREEMENT") IS
A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY, AND
BELIGHT SOFTWARE ("LICENSOR"). IF YOU DO NOT AGREE TO EACH AND EVERY
TERM, YOU ARE TO CLICK "DISAGREE" BUTTON AND NOT TO OPEN, USE OR
INSTALL THE SOFTWARE AND YOU MUST DELETE THE SOFTWARE FROM YOUR COMPUTER AND/OR
ANY OTHER DATA STORAGE DEVICE.
1. GENERAL
The software and documentation accompanying this License whether on disk, on
any other media (collectively the "Software") are licensed to you
by BeLight Software ("Lisensor") for use only under the terms of this
License, and Licensor reserves all rights not expressly granted to you. The rights
granted herein do not include any other patents or intellectual property rights.
Title and intellectual property rights in and to any content
displayed by or accessed through the Software belong to the respective content
owner. This License does not grant you any rights to use such content.
2. LICENSE
Licensor hereby grants to You, and You accept, a non-exclusive license to install
and use Software and Documentation, only as authorized in this license. You agree
that You will not assign, sub license, transfer, pledge, lease, rent, or share
Your rights under this license. You may not reverse engineer, decompile or disassemble
the Licensed Software for any purpose whatsoever.
Pro version: The license permits either multiple
users to install and use the software on a single computer, or a single user to
install and use the software on multiple computers. The license doesn't allow multiple
users to use the Software on multiple computers.
3. TRANSFER
You may not distribute copies of the Software to any third party, nor may you use,
rent, loan, sublicense, or lease the Software to third parties. You may, however,
transfer all your rights to use the Software to another person or legal entity
provided that: (a) You also transfer this Agreement, the Software and all other
software bundled or pre-installed with the Software, including all copies, Updates
and prior versions, to such person or entity; (b) You retain no copies, including
backups and copies stored on a computer; and (c) the receiving party accepts the
terms and conditions of this Agreement and any other terms and conditions upon
which You legally obtained license to the Software. Notwithstanding the foregoing,
You may not transfer pre-release or not for resale copies of the Software.
4. ILLEGAL USE
You are not to use the Software, whether directly or indirectly, for any illegal
purpose under the laws or ordinances of Federal, State, or local governments. It
is Your sole responsibility to know and understand the laws and/or ordinances that
govern the use of the Software. In the event that You violate any Federal, State
or local law or ordinance by direct or indirect use of the Software, You shall
take full legal responsibility for such illegal use. You shall hold Licensor
harmless and without fault and otherwise indemnify Licensor for any damage, cost or
liability incurred by Licensor as a result of any use, whether or not such use is
within the scope of the license set forth herein.
5. UPDATES
You may continue to use the previous version of the Software on your computer
after You receive the Update to assist You in the transition to the Update, provided
that: the Update and the previous version are installed on the same computer; the
previous version or copies thereof are not transferred to another party or computer
unless all copies of the Update are also transferred to such party or computer; and
You acknowledge that any obligation BeLight Software may have to support the previous
version of the Software may be ended upon availability of the Update.
6. LICENSOR'S RIGHTS
You acknowledge and agree that the Software and Documentation consists of proprietary,
published and unpublished property of Licensor. You further acknowledge and agree that
all right, title, and interest in and to the Software and Documentation are and shall
remain with Licensor. This license conveys to You the right to install and use the
Software and Documentation in accordance with the terms of this license. All rights
not expressly granted here are reserved by BeLight Software. The Licensor will not
transmit your personal information to any third party without your express consent.
7. TERMINATION
This license is effective upon Your installing the software on any machine, and shall
continue until terminated. You may terminate this Agreement at any time. The Licensor
may immediately terminate this License Agreement if you breach any representation,
warranty, agreement or obligation contained or referred to in this License Agreement.
Upon termination, you must dispose of the Software and all copies or versions of the
Software by destroying the Software.
8. LIMITED WARRANTY
Pro version: BeLight Software provides a thirty (30) day money-back
guarantee on the Software. If, during this period, you are dissatisfied with the Software
for any reason, BeLight Software will refund your money if you return the Software and
all copies to the place of purchase within thirty (30) days of the date of the original
purchase. THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY BELIGHT SOFTWARE.
BELIGHT SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS. BELIGHT
SOFTWARE AND ITS AGENTS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL BELIGHT SOFTWARE OR ITS AGENTS BE LIABLE TO YOU FOR ANY DAMAGES,
CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY
LOST PROFITS OR LOST SAVINGS. BELIGHT SOFTWARE'S AGGREGATE LIABILITY AND THAT OF ITS
AGENTS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID
FOR THE SOFTWARE, IF ANY.
10. FEES
Pro version: You may register your copy of the Software by purchasing
a License Code for the download version at: http://www.belightsoft.com/buy/
The License Code will enable additional features of the Software.
You may not distribute the License Code. By clicking "Agree", you acknowledge
that you have paid the Licensor all applicable license fees for the Software.
11. SEVERABILITY
Should any term of this license be declared void or unenforceable by any court of
competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
12. GENERAL PROVISIONS
This License Agreement is personal between You and BeLight Software. It is
not transferable and any attempt by You to rent, lease, sublicense, assign
or transfer any of the rights, duties or obligations hereunder. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND BELIGHT SOFTWARE WHICH SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
BETWEEN YOU AND BELIGHT SOFTWARE OR BELIGHT SOFTWARE'S AGENT(S) RELATING TO
THE LICENSED SOFTWARE.
If you have any questions regarding this Agreement or if you wish
to request any information from BeLight Software please use the address and contact
information included with this product to contact BeLight Software.
© 2003-2006 BeLight Software, Ltd. All Rights
Reserved. BeLight Software and Image Tricks are trademarks of BeLight Software, Ltd.
Mac, the Mac logo, Mac OS X, iPhoto, and Macintosh are trademarks of Apple Computer,
Inc. Digital image content. All rights reserved. All other trademarks, registered
trademarks, product and/or brand names are the sole property of their respective
owners.
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