» version 1.0 - posted on 2003-11-25
EULA - End User License Agreement
Check latest version at: http://www.silveragesoftware.com
IE ScrollBar FreeStyler Plus
You should carefully read the following terms and conditions before installing and/or using the software. By installing and/or using this software you indicate that you accept the license agreement.
SilverAge Software grants you a non-exclusive, non-transferable license to copy the software for your personal or commercial use and for freeware distribution.
NO PERMISSION FROM SilverAge Software, Inc. IS NECESSARY TO INCLUDE THIS SOFTWARE ON CD-ROM ACCOMPANYING ANY MAGAZINE, BOOK OR OTHER PUBLICATION.
The software is protected by international copyright laws and international treaty provisions. Any use of the software name is strictly prohibited without the written permission of Silverage Software.
The software, including its code, appearance, structure, design and documentation is an exclusive product of SilverAge Software, who permanently preserves all property rights to the software product or its copies, modifications or merged parts.
You may not modify, decompile, disassemble or reverse engineer the software.
You may not rent, lease or lend the software.
SOFTWARE IS SOLD "AS IS" AND WITHOUT ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED. THE SilverAge Software, Inc. WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
END USER LICENSE AGREEMENT FOR NAVHELPER
REDISTRIBUTION NOT PERMITTED
Please read and understand this agreement fully before installing an/or using this software. This is a License Agreement for NavHelper software (the "Software") between you and NavExcel, Ltd. ("NavExcel"), the publisher of the Software. By clicking on the "accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
1. Rights Granted
This License Agreement allows you to use the Software. NavExcel grants you a nonexclusive, nontransferable, royalty-free license permitting you to download the Software solely for your personal use. The rights granted to you by NavExcel shall not be assigned, sublicensed, or otherwise conveyed or transferred by you to any other person, organization, or entity. Any rights not expressly granted to you herein are reserved by NavExcel.
NavExcel may amend this License Agreement at any time without notice and any such modifications shall be deemed effective immediately upon publishing on NavExcel's site located at www.navexcel.com (the "Site"). For clarity, should any term(s) of this License Agreement differ from and term(s) of the License Agreement published as on the Site, the version of the License Agreement published on the Site shall govern.
3. Restrictions; Ownership
You shall not make or distribute copies of the Software. You may not decompile, reserve engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Software or any part thereof. You will not export or re-export, directly or indirectly, the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder. The foregoing license gives you limited rights to use the Software. You do not become the owner of the Software. NavExcel retails all title to the Software and all copies thereof. All rights not specifically granted in this License Agreement, including Federal and International copyrights, are reserved by NavExcel. You acknowledge and agree that NavExcel holds all rights to, title to, and interest in all tangible and intangible incidents of the Software, including all patents, copy rights, and trade secrets pertaining thereto, and that this License Agreement conveys to you only a limited right to access and use the Software.
NavExcel does not collect or store any personally identifiable information about you via the Software nor any information about your Internet usage patterns. NavExcel will not serve any advertisements to you via a "pop-up" windows or otherwise via the Software.
5. Automatic Updates
The Software may automatically communicate with NavExcel or a third party's servers to check for an install updates to the Software such as bug fixes, new features, registry settings, and other modifications. You consent to your receipt and installation of all of the foregoing and agree that all of the foregoing shall be governed by the terms of this License Agreement.
NavExcel may provide links to Internet sites or resources not owned or controlled by NavExcel. Because NavExcel has no control over such sites and resources, you acknowledge and agree that NavExcel is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. NavExcel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.
7. Disclaimer of Warranties and Limitation of Liability
THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAVEXCEL FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVEXCEL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IF NAVEXCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to release, indemnify, defend, and hold harmless NavExcel, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneys' fees and costs due to or arising out of your use, installation, or download of the Software or your breach of this License Agreement.
This License Agreement shall be governed by the laws of England and Wales. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties' intent in entering into this Agreement.