I have loved the stars too fondly to be fearful of the night.

End-User License Agreement

Definitions

The following definitions are used in this contract:

  1. "Software Product" refers to the software applications "Dir List 2" and "Kringle It 2" including, but not limited to, the applications themselves, any additional components included with the applications and to all documentation associated with the applications.
  2. "License" refers to the terms and conditions for the use, reproduction and distribution of the Software Product.
  3. "Licensor" refers to Michael Talbot.
  4. "Licensee" refers to an individual or any other legal entity as defined under Australian law that has been granted a License to use this Software Product.

Parties Bound By This Agreement

This agreement is between the following parties:

  1. The Licensor.
  2. The Licensee.

By installing, copying, or otherwise using the Software Product the Licensee agrees to be bound by the terms of this license agreement.

License

For each License purchased the Licensee is granted a non-exclusive license to use the Software Product created by the Licensor as follows:

  1. The Licensee is granted the right to install and use one (1) copy of the Software Product on a computer running a validly licensed operating system for which the Software Product was designed.
  2. The Licensee is also granted the right to make two (2) copies of the Software Product for backup purposes.

The Licensor reserves all rights in the Software Product and any copies thereof except as granted above.

Termination

The Licensor may terminate the Licensee's License to the Software Product if the Licensee fails to comply with the terms and conditions of the License.

If the License is terminated then the Licensee must destroy all copies of the Software Product in their possession.

Warranties

Unless required by law the Software Product created by the Licensor is provided "As Is" and any express or implied warranties including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. The Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product.

Limitation Of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Software Product including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility of such damage or loss. The Licensor shall not be liable with respect to the Software Product or any part thereof, including, but not limited to, errors, omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

Governing Law

This license agreement will be governed by the laws in force in the state of South Australia. If any part of this contract is found to be invalid, illegal or unenforceable then that part shall be deemed void and the enforceability of the remaining parts shall not be in any way affected or impaired.

Arbitration

Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.

Copyright © Michael Talbot, 2014