» version 4.70 - posted on 2005-04-15
EULA - End User License Agreement
TMP SOFTWARE SOFTWARE LICENSE AGREEMENT
By installing this software, you indicate your acceptance of the
following TMP SOFTWARE Inc. Software License Agreement.
A. LEGAL AGREEMENT
This is a legal agreement between you (either an individual or an entity)
and TMP SOFTWARE Inc. By opening the sealed software packages and/or
by using the SOFTWARE you agree to be bound by the terms of this
B. TERMS OF LICENSE
1. GRANT OF LICENSE. This License Agreement ("License") permits you
to use the specified version of this software product
identified above according the following terms:
When a single license has been purchased, the full SOFTWARE can be
used and activated in up to one computer only.
The SOFTWARE is in "use" on a computer when it is loaded into
temporary memory (i.e. RAM) or installed into permanent memory
(e.g., hard disk, CD-ROM, or other storage device) of that computer
except that a copy installed on a network server for the sole
purpose of distribution to other computers is not "in use."
2. UPGRADES. If the SOFTWARE is an upgrade you may use or transfer the
SOFTWARE only in conjunction with the prior version(s)
of the SOFTWARE.
3. COPYRIGHT. The SOFTWARE (including any images, "applets",
photographs, animations, video, audio, music, and text incorporated
into the SOFTWARE) is owned by TMP SOFTWARE, Inc or its
suppliers and is protected by international copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE like any other copyrighted material (e.g., a book or
musical recording) except that you may either
(a) make one copy of the SOFTWARE solely for backup or archival purposes, or
(b) transfer the SOFTWARE to a single hard disk provided you keep the original
solely for backup or archival purposes. You may not copy the printed materials
accompanying the SOFTWARE.
4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may
transfer the SOFTWARE and accompanying written materials on a permanent basis
provided you retain no copies and the recipient agrees to the terms of this Agreement.
If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade
and all prior versions. You may not reverse engineer, decompile, or disassemble
the SOFTWARE, except to the extent such foregoing restriction is expressly
prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium.
Regardless of the type or size of medium you receive, you may use only the
medium appropriate for your single-user computer.
You may not use the other medium on another computer or
loan, rent, lease, or transfer the disks to another user except as
part of the permanent transfer (as provided above) of all SOFTWARE
and printed materials, nor print copies of any user documentation
provided in "on-line" or electronic form.
C. LIMITED WARRANTY
1. LIMITED WARRANTY. TMP SOFTWARE, Inc. warrants that the SOFTWARE
will perform substantially in accordance with the accompanying written
materials for a period of thirty (30) days from the date of receipt.
Any implied warranties on the SOFTWARE are limited to thirty (30) days.
Some states/jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you.
2. CUSTOMER REMEDIES. TMP SOFTWARE, Inc and its suppliers'' entire liability
and your exclusive remedy shall be, at TMP SOFTWARE Inc''s option, either
(a) return of the price paid, or
(b) repair or replacement of the SOFTWARE that does not meet
TMP SOFTWARE Inc''s Limited Warranty and which is returned to
TMP SOFTWARE, Inc with a copy of your receipt. This Limited
Warranty is void if failure of the SOFTWARE has resulted from
accident, abuse, or misapplication. Any replacement SOFTWARE will
be warranted for the remainder or the original warranty period or
thirty (30) days, whichever is longer.
3. NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, TMP SOFTWARE, Inc and its suppliers disclaim
all other warranties, either express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose, with regard to the SOFTWARE and the accompanying
printed materials. This limited warranty gives you specific legal rights.
You may have others which vary from state/jurisdiction to state/jurisdiction.
4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall
TMP SOFTWARE, Inc. or its suppliers be liable for any damages whatsoever
(including without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use this TMP SOFTWARE, Inc product,
even if TMP SOFTWARE, Inc has been advised of the possibility of such damages.
No TMP SOFTWARE, Inc dealer, distributor, developer, Independent Sales
Representative, agent or employee is authorized to make any modification
or addition to this Agreement.
Should you have any questions concerning this Agreement, or if
you desire to contact TMP SOFTWARE, Inc, www.ActiveTyping.com