License agreement

Please read the following terms and conditions carefully before using this software. Installing and using this software indicates you accept the terms of this license agreement and warranty.

1. License

By receiving and/or using this Zoomer Image Viewer software (this Software), you accept and agree to be bound by the following User Agreement. Subject to the terms of this Agreement, you are granted by Vladimir Kladov (the author) with a limited, non-exclusive, non-transferable license, without right to sub-license, to use or evaluate this Software in accordance with this Agreement and any other written agreement with the author. The author does not transfer title to this Software to you; the license granted to you is not a sale. This Agreement is a binding legal agreement between the author and the purchasers, users or evaluators of this Software. If you do not agree to be bound by this Agreement, remove this Software from your computer now, including any copies of this Software and related documentation and packaging in your possession.

2. Distribution

Unless otherwise authorized herein, this Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of this Software contact the author at:

        e-mail: vk@kolmck.net

        WWW: http://kolmck.net/apps/Zoomer.htm
 

3. User agreement

3.1 Evaluation version use

You may evaluate this Software without purchasing a license (the "Evaluation Version"). The only restriction of the evaluation version is a reminder dialog appearing periodically which informs you that this software is not free and you must purchase it before using. To remove this reminder, you must purchase a license from the author in order to continue to use the Software. If you do not want more using the Software, you are required to remove this Software and any archived copy from your computer. For more information about purchasing a license to use the Software, see the information on the Web-site provided.

3.2 Activation of software

Once you have purchased a license for the Software in order to continue to use the Software, you may be required to activate the Software. During the activation process no personally identifiable information from your computer location or workstation will be copied. In result of this process, a unique request will be generated which will be used to create a unique key file and send to you together with an instruction how to use it to complete the activation. This key file can be used for the activation only once. Then the activation information will be stored on your computer. In case of damage your disk storage or reinstallation of the Operating System this information could be lost and in such case you have to request another personal key file from the author. The obtained license allows you use the Software on a single computer for each activation, but you are allowed to request five (5) requests once or time to time after you have purchased a license. To get more requests and obtain more licenses, you must purchase the software again.

3.3 Distribution

The Evaluation Version of the Software may be freely distributed, provided that:

           1. Such distribution includes only the original archive supplied by the author. You may not alter, delete or add any files in the distribution archive or modify the Software in any way.

2. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and transport.

3. You provide prior email or written notice to to the author at the email address listed above that you are distributing this Evaluation Version and, if the Software is being distributed with other media or software, author’s prior written approval is required. To obtain prior written approval, please contact the author. You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.

3.4 Use restrictions

You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of this Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of this Software may be used on one single computer location or workstation. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi site license). Others may not use or install your copy of this Software. The assignment, sublicense, networking, sale, or distribution of copies of this Software are strictly forbidden. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation.

This software must not be decompiled, disassembled, reverse engineered or otherwise modified.

3.5 Limitations of responsibility

In no event (including, without limitation, in the event of negligence) will the author, its agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Our entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to the author. Such reimbursement will only occur if the Software was purchased directly from the author. If you purchased the Software through a reseller, distributor, retailer, or third party, you need to request a refund directly from such parties.

3.6 Warranties

Except as expressly stated in writing, the author makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
 

Copyright (C) 2007 Vladimir Kladov. All rights reserved.