Voice of the GoatCactus
Written by D. David "GoatCactus" Cumming
Copyright © 2003 GoatCactus Software
Part 3: License
Voice of the GoatCactus 1.0 for the Macintosh
End-User License Agreement for GoatCactus Software
Important-Read Carefully: This GoatCactus Software End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and GoatCactus Software for the GoatCactus Software software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree 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.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. Grant of License. The Software is licensed as follows:
(a) Installation and Use. GoatCactus Software grants you the right to install and use the Software on a single computer.
(b) Backup Copies. You may also make copies of the Software as may be necessary for backup and archival purposes.
(c) Demo Software. If this Software is marked "Demo", and its ability to write any file is disabled, then this license to use the software under the conditions set herein is granted to you indefinitely. If you want to save what you have created with the Software, you must pay for a license.
(d) Termination. Without prejudice to any other rights, GoatCactus Software may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts.
2. Maintenance of Copyright Notices. You must include with all copies of the Software all native resources, restrictions and copyright notices shipped with the original software. You must not remove or alter any copyright notices on all copies of the Software.
3. Transfer. You may permanently transfer all your rights under this Agreement to another party by providing to such party all copies of the Software licensed under this Agreement together with a copy of this Agreement and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this Agreement.
4. Upgrades. Notwithstanding any other terms in this Agreement, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
5. Distribution. You may distribute copies of the Software to third parties provided you do not supply any serial number to the third party.
6. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Rental. You may not rent, lease, or lend the Software.
8. Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Software.
9. Warranty. GoatCactus Software expressly disclaims any warranty for the Software. The Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software remains with you.
10. Limitation on Liability. In no event shall GoatCactus Software or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this GoatCactus Software product, even if GoatCactus Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. Governing Law. This Agreement is to be governed by the laws of Canada. Any terms or conditions of this Agreement found to be unenforceable will be deleted, but will not affect the remaining terms and conditions of the Agreement.