 |
 |
End User License
Last Update - 16 December 2002
END-USER LICENSE AGREEMENT FOR SHARP SOFTWARE -
You must agree to this license before downloading or purchasing the software.
After reading this agreement please select your choice at the bottom of
this document.
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT
BETWEEN SHARP SOFTWARE AND YOU. YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS EULA IF YOU (a) INSTALL OR USE ANY PART OF THE SOFTWARE
AND RELATED DOCUMENTATION ("SOFTWARE PRODUCT") OR (b) CLICK
THE "I ACCEPT" BUTTON ON THE ELECTRONIC VERSION OF THIS EULA.
IMPORTANT-READ CAREFULLY: This EULA is a legal agreement for the Sharp
Software Export to Pocket PC Xtra. By installing, copying, or otherwise
using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, do not install or
use the SOFTWARE PRODUCT.
Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive
rights: In consideration of payment of the license fee, which is a portion
of the price, if any, you paid, Sharp Software, as Licensor, grants to
you, the Licensee, a nonexclusive right to use this copy of the SOFTWARE
PRODUCT on a single computer. All rights not expressly granted to Licensee
are reserved to Sharp Software.
2. SOFTWARE OWNERSHIP. As the Licensee, you own the disks on which the
SOFTWARE PRODUCT is recorded or fixed. Sharp Software shall retain full
and complete title to the SOFTWARE PRODUCT and all subsequent copies of
the SOFTWARE PRODUCT, regardless of the media or form on or in which the
original copies may exist. The License is not a sale of the original SOFTWARE
PRODUCT.
3. COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE
PRODUCT (including, but not limited to, any images, photographs, animations,
video, audio, music, text, and "applets" incorporated into the
SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by
Sharp Software or its suppliers. Copyright laws and international treaty
provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the
SOFTWARE PRODUCT like any other copyrighted material, except that you
may make copies as only provided in this EULA.
4. RESTRICTIONS ON USE. Licensee may not electronically transfer the SOFTWARE
to multiple computers over a network system. Licensee may not distribute
copies of the SOFTWARE PRODUCT or accompanying materials to others. Licensee
may not modify, adapt, translate, reverse engineer, decompile, disassemble,
or create derivative works based on the SOFTWARE PRODUCT or its accompanying
printed or written materials. Licensee may not sublicense, lend, lease
or otherwise make the Software available to any third party (on the Internet
or tangible media, by broadcast or in any other manner). Licensee may
not remove or alter any copyright, trademark or other proprietary notice
contained in the Software. Further, you may not use the software for any
purpose that is infringing, illegal, or defamatory in nature.
5. TRANSFER RESTRICTIONS. Licensee shall not assign, rent, lease, sell,
sublicense, or otherwise transfer the SOFTWARE PRODUCT to another party
without prior written consent of Sharp Software; provided, however, you
may sell or transfer the SOFTWARE PRODUCT to a third party provided you
do not retain any copies of the SOFTWARE PRODUCT. Any party authorized
by Sharp Software to receive the SOFTWARE PRODUCT must agree to be bound
by the terms and conditions of this Agreement.
6. TERMINATION. Without prejudice to any other rights, Sharp Software
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 SOFTWARE
PRODUCT and all of its component parts.
7. NO WARRANTY; LIABILITY LIMITATION; CHOICE OF LAW.
NO WARRANTIES. Sharp Software expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
NO LIABILITY FOR DAMAGES. In no event shall Sharp 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 Sharp Software product, even if Sharp Software has
been advised of the possibility of such damages. In any case, Sharp Software's
entire liability under any provision of this License shall be limited
to the greater of the amount actually paid by you for the SOFTWARE PRODUCT
or U.S. $5.00. 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.
GOVERNING LAW. The laws of the State of New York govern this EULA.
Please make your choice:
I
AGREE and wish to download the software.
I DISAGREE and do not wish to download or use the software.