END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY. BY USING OR INSTALLING THIS SOFTWARE, OR BY PLACING OR COPYING THIS SOFTWARE ON YOUR COMPUTER HARDWARE, COMPUTER RAM OR OTHER STORAGE MEDIUM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ALL USE OF THIS SOFTWARE.
1. Thanks. Congratulations and thank you for trying our software. We're sorry we have to do this, but if we want to keep control and ownership of the cool stuff we're developing, we have to make sure you understand and agree that you are just getting a right to use it and that that right is limited in certain ways. So what follows is what you need to know and agree to.
2. License. The software accompanying this license and the related documentation (the Software) are licensed for your use and enjoyment, subject to terms and limitations in this license agreement. Downloading the trial gives you the right to use the Software. If the Software is configured for loading onto a hard drive, you may only load the Software onto the hard drive of a single computer and only run the Software off that hard drive.
Restrictions. We want you to enjoy our
products for years to come, and we want to be able to continue to make them, so
you need to be aware that there are some things you cannot do with the
Software. The Software contains
copyrighted material, trade secrets and other proprietary material. You may not decompile, modify, reverse
engineer, publicly display, prepare derivative works based on the Software,
disassemble or otherwise reproduce the Software. Except as set forth herein, you may not rent,
sell, lease, barter, sublicense or distribute the Software. You may not delete the copyright notices or
any other proprietary legends on the original copy of the Software. You may not offer the Software on a pay per
play basis or otherwise commercially exploit the Software or use the Software
for any commercial purpose except as described in this agreement. You may not electronically transmit the
Software from one computer to another or over a network. You may not ship or export the Software to
any country other than where you bought it, in violation of the U.S. Export Administration
Act (or any other law governing such matters) and you will not utilize and will
not authorize anyone to utilize the Software in violation of any applicable
law. The Software may not be downloaded
or otherwise exported into (or to a national or resident of) any country to
4. Termination. This license is effective until one of us terminate it. You may terminate this license at any time by destroying the Software and related documentation. In the event that fail to comply with any provision of this license, this license will terminate immediately without notice from us. Upon termination, you must destroy the Software and related documentation. Please don't wait for us to come after you because then we're going to expect you to pay us for our troubles, including the cost of our lawyers.
5. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded at your sole risk. The Software, related documentation and the media are provided AS IS. Unless otherwise provided by applicable law, Crystallyne Enterprises (Crystallyne) warrants to the original purchaser of this product that the Software storage medium will be free from defects in material and workmanship under normal use for ninety (90) days from the date of purchase. Crystallyne provides this end-user warranty as the publisher of the Software. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. CRYSTALLYNE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, S0 THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL CRYSTALLYNE OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for the Software.
Law and Severability. This license is
governed by and construed in accordance with the laws of the State of
8. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation. However, Crystallyne reserves the right to modify the terms of this license from time to time and will post notice of material changes somewhere within www.crystallyneonline.com.
9. Copyright. The Software and all copyrights, trademarks
and all other conceivable intellectual property rights related to the Software
are owned by Crystallyne, or such parties' licensors and are protected by
10. Amusement. We wanted to add something to the bottom of this document for your (and our) amusement such as “violators of this license will ‘get served’” or a warning that violating this agreement might cause some disturbing side-effect like “anal leakage”, but unfortunately our legal department decided that it would be unprofessional and potentially legally damaging to do so. So, all we can do is say, once again, thank you for licensing our software, and have a nice day.