End User License Agreement for iMacTools Software Products
End User License Agreement
This Agreement is valid for Trial, Lifetime and Bundle Licenses for Use on Apple Mac OS X Systems and Microsoft Windows Systems
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING iMacTools SOFTWARE PROGRAMS ("SOFTWARE"). BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
This end-user license agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity) and iMacTools.com. ("iMacTools") for both trial and fully functional versions of the iMacTools software products.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
”Software” means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (A) registration information, i.e. license key which is unique for your registration name; (B) related explanatory written materials or files (“Documentation”); and (C) Software setup files and code samples (if any); and (ii) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by iMacTools (collectively, “Updates”).
”Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Free Version" means a version of Software to be used only for private, non-commercial use (that means at home).
"Trial Version" means a version of Software to be used only to review, demonstrate and evaluate the Software Application.
iMacTools.com ("iMacTools"), as Licensor, grants you as Licensee, a non-exclusive right to use this Software under the terms of the License. iMacTools reserves all rights not expressly granted to you. iMacTools retains the ownership of the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
PERMITTED USES AND RESTRICTIONS
Subject to your compliance with this EULA, iMacTools grants you a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:
- The Free Version of Software may be installed and used by anyone for private, non-commercial use.
- The Trial Version of Software may be installed and used by the Licensee for the sole purpose of evaluating this software.
- The Trial Version of Software may be installed and used by the Licensee on any number of systems.
- One Single Use license allows the Licensee to activate one copy of the Software on a single qualified computer running version(s) of Apple or Microsoft Windows Software for which it is designated.
- The Single Use License does not allow the Software to exist on more than one computer at a time.
- Unauthorized copying of the Software is expressly forbidden.
- The Licensee may not rent, lease, or lend the Software to anyone.
- The Licensee's distribution of Trial Version of the Software will not entitle him/her to any compensation from the Licensor.
- The Licensee may permanently transfer all of his/her rights under this EULA, provided the recipient agrees to the terms of this EULA.
- Except as and only to the extent permitted in the Single Use License and by applicable law, the Licensee may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software.
- Without prejudice to any other rights, the Licensor may terminate this EULA if the Licensee fails to comply with the terms and conditions of this EULA. In such event, the Licensee must destroy all copies of the Software.
CONSENT TO USE OF DATA
You agree that iMacTools and its subsidiaries may collect and use technical and related information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
The Single Use License is effective until terminated. Your rights under this License will terminate by iMacTools automatically without notice if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use and destroy all copies, full or partial, of the Software.
DISCLAIMER OF WARRANTIES
Your use of the Software is at your sole risk. The Software and accompanying written materials are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, express or implied of any kind and iMacTools specifically disclaims the warranties of fitness for a particular purpose and merchantability. No oral or written advice given by iMacTools, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope if this warranty and you may not rely upon such information or advice.
LIMITATION OF LIABILITY
iMacTools or anyone else who has been involved in the creation, production, or delivery of the Software cannot be liable for, and shall not pay any amount of incidental, consequential, direct or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the software). You assume the entire risk as to the quality and performance of the Software.