Introduction - License Agreement
FB TraceManager 2
© 2010-2011 Upscene Productions
All rights reserved.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
END USER LICENSE AGREEMENT
Upscene Productions ("UPSCENE") agrees to provide the user ("USER")
with a copy of this software product ("SOFTWARE"), and grants the USER
a limited license to use the SOFTWARE. ("LICENSE") This LICENSE defines
what the USER may do with the SOFTWARE, and contains limitations on
warranties, liabilities and remedies. This LICENSE may be revoked by UPSCENE
at any time without notice if the USER fails to comply with the terms of
this LICENSE. The copyright and all other rights in the SOFTWARE shall
remain with UPSCENE.
LICENSE OF UNREGISTERED SOFTWARE
An unregistered copy of the SOFTWARE ("UNREGISTERED SOFTWARE")
may be used by the USER for evaluation purposes for a period
of thirty (30) days following the initial installation of
the UNREGISTERED SOFTWARE. ("TRIAL PERIOD") At the end of
the TRIAL PERIOD, the USER must either register the
SOFTWARE or remove it from his system.
The UNREGISTERED SOFTWARE may be freely copied and distributed
to other users for their evaluation.
LICENSE OF REGISTERED SOFTWARE
A registered copy of the SOFTWARE ("REGISTERED SOFTWARE")
allows the USER to use the SOFTWARE only on a single
computer or network, and only by a single user at a time.
If the USER wishes to use the SOFTWARE for more than one user,
the USER will need a separate license for each individual user.
The USER is allowed to make one copy of the REGISTERED SOFTWARE
for back-up purposes.
DISTRIBUTION OF UNREGISTERED SOFTWARE
The uninstalled, UNREGISTERED SOFTWARE may be freely copied and
distributed to other users provided the USER complies with the
following requirements. If the USER offers this uninstalled,
UNREGISTERED SOFTWARE for download ("SHAREWARE SITE USER"),
then the SHAREWARE SITE USER agrees to:
(1) immediately replace this version of the uninstalled,
UNREGISTERED SOFTWARE with a new version of this SOFTWARE
if a new version is released by UPSCENE, or
(2) delete this version of the UNREGISTERED SOFTWARE immediately
upon written email notice by UPSCENE
TERM OF LICENSE
This LICENSE shall continue for as long as the USER
uses the REGISTERED SOFTWARE and/or distributes the
UNREGISTERED SOFTWARE accordiong to the terms of this agreement.
However, this LICENSE will terminate if the USER fails
to comply with any of its terms or conditions.
The USER agrees, upon termination, to destroy all copies
of the REGISTERED and/or UNREGISTERED SOFTWARE.
The limitations of warranties and liability set forth
in this LICENSE shall continue in force even after termination.
ACCEPTANCE OF THIS LICENSE AGREEMENT
By downloading and/or installing this SOFTWARE,
the USER agrees to the terms of this LICENSE.
DISCLAIMER OF WARRANTY AND LIABILITY
This SOFTWARE is provided "as is" without representations
or warranties of any kind, whether expressed or implied.
The USER must assume the entire risk of using the SOFTWARE,
and UPSCENE shall have no liability to the USER or any other
third-party for any damages whatsoever, including,
but not limited to, any economic or data loss, even if such
loss was foreseeable by UPSCENE.
UPSCENE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN
MATERIALS. ANY LIABILITY OF UPSCENE WILL BE LIMITED EXCLUSIVELY
TO PRODUCT REPLACEMENT OR REFUND OF ORIGINAL PURCHASE PRICE.
The USER may not rent, lease, sublicense, translate,
disassemble, reverse engineer, or de-compile the SOFTWARE,
or modify or merge the SOFTWARE with any part of the
software in another program. This LICENSE may not be
assigned or otherwise transferred without the prior
written consent of UPSCENE.
If any provision of this LICENSE shall be declared
invalid or unenforceable, the remaining provisions of
this LICENSE shall remain in full force
and effect to the fullest extent permitted by law.
In such event, each provision of this LICENSE which is
invalid or unenforceable shall be replaced with a provision
as similar in terms to such invalid or unenforceable
provision as may be possible which is legal and enforceable.
This LICENSE is the entire agreement between UPSCENE and the USER,
and supersedes any other agreement, oral or written,
and may not be changed except by a written signed agreement.