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EULA - End User License Agreement

COMMERCIAL LICENSE AGREEMENT FOR SOFTWARE CREATED BY CTDEVELOPING
Revised 02/14/2005
THIS IS A CONTRACT between you (either an individual or a single entity) and the owner of the software ("Licensor") which is made available for download on this website which covers your use of the software and related software components, which may include printed materials and "online" or electronic documentation. All such software and materials are referred to herein as the "Software." "Machine" is defined as any computer, workstation, laptop, personal computer, or other device that supports the installation of CTdeveloping software. "License" is defined as a limited right of use of a single copy of one of a given CTdeveloping product or product bundle. A "Commercial License" is a License purchased from CTdeveloping or its authorized distributor(s) in which both the Licensor has granted permission to you, the user for the usage of the Software in a commercial, educational, personal, government, or other environment under certain terms (1a) and enables the conversion of a "Demonstration License" to a more complete version of the Software. A "Demonstration License" is a License free freely granted upon download of a CTdeveloping product under certain terms (1b). A "Freeware License" is a license explicitly granted on a subset of CTdeveloping products under specific terms (1c).
BY CHECKING THE "I ACCEPT" BOX OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE , THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE CHECK BOX INDICATING "I DO NOT ACCEPT" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. Conditions of Use. Licensor grants you the non-exclusive, non-transferable right to use the Software (as defined above, including but not limited to all CTdeveloping products) enclosed on this CD-ROM media or transferred via web download. You may NOT redistribute the Software without Licensors prior written consent. You may NOT modify or create derivative copies of the Software for your own use; you may NOT distribute modified or derivative copies of the Software. You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software to third parties without Licensors written approval. All rights not expressly granted to you are retained by Licensor. You may make copies of Software as reasonably necessary for the use authorized in this document as applicable to you, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software. You may not distribute, share, sell, or in any way use the serial number (if any) enclosed with this software to register or in other ways tamper with the registration of this software. There are three basic types of Licenses granted by CTdeveloping:
a. Commercial License. By purchasing a Commercial License, you may use the Software for commercial purposes, as well as personal ones. The one (1) serial number enclosed with this product is to be used once and only once to install one (1) copy of the Software on one (1) Machine. For each License and corresponding serial number issued with respect to a given Software, the Software may be installed on ONE (1) Machine for ANY purpose (commercial, personal, education, or other) except where CTdeveloping has specified in writing to the contrary or where prohibited by law. However, a purchaser of a single License may install the corresponding product on up to TWO (2) Machines, if and only if both such Machines are owned and SOLELY used by a SINGLE USER. Neither Machine may be a ?shared workstation? (Machine used by more than one user) nor owned by an entity other than a single individual. If one Machine is a shared workstation, this is sole computer the License grants installation on. You may (a) use one (1) installation of the Software for commercial purposes on one (1) Machine which is NOT to be accessed by other Machines on a network and (b) charge for support services associated with one (1) installation of the Software.
b. Demonstration License. By downloading and/or installing a "DEMO" version of the Software, you are hereby granted a Demonstration License. Use of the Software under the Demonstration License may be limited by features, time, or usage. A Demonstration License may NOT be used for commercial purposes. The Demonstration License grants you temporary License for the sole purpose of evaluating the features and services of the Software prior to the purchase of a Commercial License.
c. Freeware License. By downloading and/or installing "Freeware" Software from CTdeveloping, you are hereby granted a Freeware License. "Freeware" Software is any Software from CTdeveloping explicitly labeled as "Free" by CTdeveloping, excluding free "DEMO" Softwares. For identification, "Freeware" Software can be recognized as Software that usually does not require a serial number for use nor registration. "Freeware" Software from CTdeveloping will always have the word "Free" in the title. Software without the word "Free" in the title is not "Freeware" and is not subject to a Freeware License. Freeware Licenses allow individuals to use the Software for "Personal Use" only, except where explicitly granted by CTdeveloping. COMMERICIAL USE OF A FREEWARE LICENSE IS NOT ALLOWED and will be treated as software piracy. Violators may be prosecuted. "Personal Use" is defined as any non-commercial, non-government, non-educational use.
Any and all other uses MUST be attempted AFTER written permission has been given by CTdeveloping.
2. No Warranty. The Software is being delivered to you "AS IS" and Licensor and its suppliers make no warranty as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT LICENSOR OR ITS SUPPLIERS ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR.
3. Limitation of Liability. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
4. Indemnification. You agree to indemnify and hold Licensor, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.
5. Termination. Either Licensor or you may terminate this Agreement at any time. Without limiting the foregoing, Licensor shall have the right to immediately terminate this agreement at any time in the event of any breach by you of this Agreement. In such event, you must destroy all copies of the Software that you have received from Licensor or made pursuant to this Agreement.
6. CHANGES TO TERMS. LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. IF THIS AGREEMENT IS REVISED, THE CHANGES WILL BE POSTED THROUGH THE "PRODUCTS" LINK ON THE TOP PAGE ON LICENSORS WEB SITE (http://ctdeveloping.com). A MORE RECENT DATE AT THE TOP OF THE POSTED AGREEMENT THAN THE DATE AT THE TOP OF THIS AGREEMENT WILL LET YOU KNOW THAT A CHANGED AGREEMENT HAS BEEN POSTED. YOUR NON-TERMINATION OR CONTINUED USE OF THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
7. Use of Software. By agreeing to this License Agreement for the aforementioned software, you agree to NOT use the enclosed product in order to directly or indirectly violate any current laws or statutes in place. This includes but is NOT limited to the violation of copyright agreements and the altercation of protected documents. In short, do not violate the copyrights of others and do not alter legal documents. By agreeing to this Agreement, you release CTdeveloping from all legal liability for all actions taken while using this software and accept full responsibility for all legal discrepancies. You may not reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Software.
8. Ownership of Software and Services. The Licensor, CTdeveloping, shall retain sole and exclusive ownership of all right, title and interest in and to the Software and Services. All rights not expressly granted hereunder are reserved by CTdeveloping. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, the Software or Services or any portion thereof.
9. Governing Law. This Agreement will be governed by the laws of the United States and the State of California, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in San Diego, California.
10. General. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.
11. Contact Information. If you have any questions about this Agreement, or if you want to contact Licensor for any reason, please direct all correspondence to contact@ctdeveloping.com through email.