SOFTWARE AGREEMENT
for Addition4Palm

 

READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE. INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE AND A FULL REFUND WILL BE ISSUED. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

 

By installing Addition4Palm ("Software") Licensee agrees to be and is hereby bound by the terms of this Software Agreement ("Agreement"). If Licensee does not agree to the terms of this Agreement, Licensee must promptly destroy all copies of the Software and accompanying documentation ("Documentation"). Certain portions of this Agreement restrict Licensee's rights and impose certain obligations with respect to such third party software.

Grant of license

Addition hereby grants to Licensee a non-exclusive license to the Software and Documentation subject to the following terms:

Licensee may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; (iii) copy the Software for back-up, archival purposes provided any copy must contain all of the original Software's proprietary notices.

Licensee may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation.

Software

This license does not grant Licensee any right to any enhancement or update.

Title

Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with Addition and/or his suppliers. The Software is protected by the copyright laws of Portugal and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives Licensee no rights to such content.

Confidentiality

By virtue of this agreement, the parties may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Software Products and all information clearly marked as confidential.

A party's Confidential Information shall not include information which (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of any tests run by Customer may not be disclosed outside of Customer's organization without permission in writing from Addition.

The parties agree, both during the term of this Agreement and for a period of two years after termination of the Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any other purpose than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.

 

DISCLAIMER OF WARRANTY

Product is deemed accepted by Recipient. The PRODUCT is provided AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADDITION FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADDITION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF ADDITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

This license shall terminate automatically if Licensee fails to comply with thelimitations described in this license. No notice shall be required to effectuatesuch termination. On termination Licensee must destroy all copies of the Software and Documentation.

Entire agreement

This agreement may not be modified except in writing duly signed by an authorized representative of Addition and Licensee.

Governing law

This Agreement shall be governed by the laws of Portugal and the courts of Lisbon shall settle any disputes arising out of this Agreement.