END-USER LICENSE AGREEMENT FOR CurationSoft
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: TriForce Marketing Inc End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Triforce Marketing Inc. for the Triforce Marketing Inc CurationSoft Software(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“CurationSoft Software”). By installing, copying, or otherwise using the CurationSoft Software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Triforce Marketing Inc, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the CurationSoft Software.
The CurationSoft Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The CurationSoft Software is licensed, not sold.
1. GRANT OF LICENSE.
The CurationSoft Software is licensed as follows:
(a) Installation and Use.
Triforce Marketing Inc grants you the right to install and use copies of the CurationSoft Software on your computer running a validly licensed copy of the operating system for which the CurationSoft Software was designed [e.g., Windows XP, Windows Vista, Windows 7, MAC OS X Leopard, OS X Snow Leopard, OS X Lion].
(b) Backup Copies.
You may also make copies of the CurationSoft Software as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the CurationSoft Software.
You may not distribute registered copies of the CurationSoft Software to third parties. Evaluation versions available for download from Triforce Marketing Inc’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the CurationSoft Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the CurationSoft Software.
(e) Support Services.
Triforce Marketing Inc may provide you with support services related to the CurationSoft Software (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the CurationSoft Software and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the CurationSoft Software.
Without prejudice to any other rights, Triforce Marketing Inc may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the CurationSoft Software in your possession.
All title, including but not limited to copyrights, in and to the CurationSoft Software and any copies thereof are owned by Triforce Marketing Inc or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the CurationSoft Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Triforce Marketing Inc.
5. NO WARRANTIES
Triforce Marketing Inc expressly disclaims any warranty for the CurationSoft Software. The CurationSoft Software is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Triforce Marketing Inc does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the CurationSoft Software. Triforce Marketing Inc makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Triforce Marketing Inc further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Triforce Marketing Inc be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the CurationSoft Software, even if Triforce Marketing Inc has been advised of the possibility of such damages. In no event will Triforce Marketing Inc be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Triforce Marketing Inc shall have no liability with respect to the content of the CurationSoft Software or any part thereof, including but not limited to errors or 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.