WinPIM END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This WinPIM End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity)
and YQSoft Inc. for the WinPIM SOFTWARE(s) identified above, which includes
the User's Guide, any associated SOFTWARE components, any media, any printed
materials other than the User's Guide, and any "online" or electronic
documentation ("SOFTWARE"). By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, do not install or use the SOFTWARE. If the
SOFTWARE was mailed to you, return the media envelope, UNOPENED, along with
the rest of the package to the location where you obtained it within 30 days
from purchase. 1. The SOFTWARE is licensed, not sold. 2. GRANT OF
LICENSE. (a) Freeware. You may use the free version of the software
without charge. YQSoft Inc. may place announces of its other PIM-related
products into WinPIM. YQSoft Inc. will not monitor the content of your use
(e.g., sites selected or files used).
(b) Evaluation Copy. You may use the shareware version of the software
without charge on an evaluation basis for thirty (30 ) users from the day
that you install the SOFTWARE. You must pay the license fee and register
your copy to continue to use the SOFTWARE after the thirty (30) users. If
you continue to use the SOFTWARE after the thirty (30) users without paying
the license fee you will be using the SOFTWARE on an unlicensed basis.
(c) Redistribution of WinPIM. You may make copies of the evaluation
SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone;
and distribute the SOFTWARE in its unmodified form via electronic means
(Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may
not charge any fee for the copy or use of the evaluation SOFTWARE itself,
but you may charge a distribution fee that is reasonably related to any cost
you incur distributing the evaluation SOFTWARE (e.g. packaging). You must
not represent in any way that you are selling the SOFTWARE itself. Your
distribution of the SOFTWARE will not entitle you to any compensation from
YQSoft Inc.. You must distribute a copy of this EULA with any copy of the
SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this
EULA. (d) Registered Copy. After you have
purchased the license for SOFTWARE, and have received the file enabling the
registered copy, you are licensed to copy the SOFTWARE only into the memory
of the number of computers corresponding to the number of licenses
purchased. The primary user of the computer on which each licensed copy of
the SOFTWARE is installed may make a second copy for his or her exclusive
use on a portable computer. Under no other circumstances may the SOFTWARE be
operated at the same time on more than the number of computers for which you
have paid a separate license fee. You may not duplicate the SOFTWARE in
whole or in part, except that you may make one copy of the SOFTWARE for
backup or archival purposes. You may terminate this license at any time by
destroying the original and all copies of the SOFTWARE in whatever form. You
may permanently transfer all of your rights under this EULA provided you
transfer all copies of the SOFTWARE (including copies of all prior versions
if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to
the terms of this EULA. 3. RESTRICTIONS. You may not reverse engineer, de-compile, or
disassemble the SOFTWARE, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE. You may permanently transfer
all of your rights under this EULA, provided the recipient agrees to the
terms of this EULA. You may not use the SOFTWARE to perform any unauthorized
transfer of information (e.g. transfer of files in violation of a copyright)
or for any illegal purpose. 4. SUPPORT SERVICES. YQSoft Inc. may
provide you with support services related to the SOFTWARE. Use of Support
Services is governed by the YQSoft Inc. polices and programs described in
the user manual, in online documentation, and/or other YQSoft Inc.-provided materials, as they may be modified from time to time. Any
supplemental SOFTWARE code provided to you as part of the Support Services
shall be considered part of the SOFTWARE and subject to the terms and
conditions of this EULA. With respect to technical information you provide
to YQSoft Inc. as part of the Support Services, YQSoft Inc. may use
such information for its business purposes, including for product support
and development. YQSoft Inc. will not utilize such technical information
in a form that personally identifies you. 5. TERMINATION. Without
prejudice to any other rights, YQSoft Inc. may terminate this EULA if you
fail to comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE. 6. COPYRIGHT. The SOFTWARE
is protected by United States copyright law and international treaty
provisions. You acknowledge that no title to the intellectual property in
the SOFTWARE is transferred to you. You further acknowledge that title and
full ownership rights to the SOFTWARE will remain the exclusive property of
YQSoft Inc. and you will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. You agree that any copies of the
SOFTWARE will contain the same proprietary notices which appear on and in
the SOFTWARE. 7. EXPORT RESTRICTIONS. You agree that you
will not export or re-export the SOFTWARE 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.
8. NO WARRANTIES. Astonsoft expressly disclaims any warranty for
the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE
OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 9. LIMITATION OF LIABILITY. IN NO EVENT SHALL
YQSoft Inc. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF YQSoft Inc. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YQSoft Inc.'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER
THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE
PAID BY YOU. 10. U.S. GOVERNMENT RESTRICTED RIGHTS. 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 52.227-19, as applicable. |