Optimi PC 1.5

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR

Optimi PC

End-User License Agreement ("EULA") pertains to the Optimi-PC product (called the "Software" in this Agreement). Read the terms and conditions of this End-User License Agreement ("EULA") before installing, copying, or otherwise using Optimi-PC.
This End-User License Agreement ("EULA") is a legal agreement between you, (either an individual person or a single legal entity, who will be referred to in this EULA as "you" or "Customer"), and ClanSoft, Author of TacticalPad. By accepting it, installing, copying, or otherwise using any part of the above Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused Software to your supplier for a full refund.
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE

The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA are reserved to the Author. Provided you have paid all applicable fees and complied with this EULA, then you are granted the following personal, one-year, non-exclusive, non-transferable, limited rights:
a. This is a single machine license, you may use the Software on only one machine per each single user license you have acquired; use the Software on a network, provided that each user accessing the Software through the network have a license of the software; or copy the Software for archival and disaster recovery purposes, provided any copy must contain all of the original Software's proprietary notices. Each user using the Software must own a license.
b. You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent, lease, or loan the Software. You may not make any commercial use of the Software code except as expressly permitted under this Agreement.
c. You may not sell content generated using the Software, such as images and videos, without Author's prior written permission.
d. After the period of one year, this license will expire and, if desired, the user shall renew it for an additional one-year period.
2. COPYRIGHT

The Software and documentation is copyrighted by the Author. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission.
3. WARRANTY, REMEDY, AND LIMITATIONS

A. YOU ARE GRANTED A LIMITED WARRANTY THAT THE SOFTWARE WILL PERFORM IN SUBSTANTIAL ACCORDANCE WITH THE ACCOMPANYING USER MANUAL FOR ONE YEAR FOLLOWING YOUR RECEIPT OF THE SOFTWARE. THIS IS YOUR ONLY WARRANTY.
B. AUTHOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM YOU MAY HAVE AGAINST AUTHOR SHALL BE, AT AUTHOR'S OPTION, (I) RETURN OF AMOUNTS PAID FOR THE APPLICABLE SOFTWARE; OR (II) REPAIR OR REPLACEMENT OF SOFTWARE WHICH DOES NOT MEET THE ABOVE LIMITED WARRANTY.
UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION SOLD WITH THIS PUBLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL AUTHOR OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AUTHOR RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE. IN NO EVENT SHALL AUTHOR'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO AUTHOR OR THE SUPPLIER.
4. TERMINATION

The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall, at Author's option, either return or destroy all copies of the Software and documentation. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software and documentation; and providing satisfactory proof to the Author that you have done so. The disclaimer of warranty and limitations on liability contained in Section 3 shall continue in force even after your rights to use the Software are terminated.
5. DEMO OR EVALUATION VERSIONS

If the Author designates the Software as a "Demo" or "Evaluation" version, then your license rights under this EULA shall extend solely for a 1-month evaluation period, during which your use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. Unregistered use of the Software, including documentation, beyond the 1-month evaluation period violates Author's rights, as described above. Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 3, above.
6. LEGAL EFFECT. To have a complete description of the legal rights in this agreement, read also the License Agreement Terms under the laws of Canada. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.