END USER LICENCE AGREEMENT
Dashcam Viewer - Copyright (c) 2015 Earthshine Software
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Dashcam Viewer("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Earthshine Software your use of Dashcam Viewer indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Earthshine Software grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Dashcam Viewer in accordance with this Agreement and any other written agreement with Earthshine Software. Earthshine Software does not transfer the title of Dashcam Viewer to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Earthshine Software and the purchasers or users of Dashcam Viewer.
If you do not agree to be bound by this agreement, remove Dashcam Viewer from your computer now and, if applicable, promptly return to Earthshine Software by mail any copies of Dashcam Viewer and related documentation and packaging in your possession.
Dashcam Viewer and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one additional copy for a second personal computer. For information about redistribution of Dashcam Viewer contact Earthshine Software.
3. USER AGREEMENT
Your license to use Dashcam Viewer is limited to the number of licenses purchased by you. You shall not allow others to use or copy your personal Dashcam Viewer registration code.
3.2 Use Restrictions
You shall use Dashcam Viewer in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Dashcam Viewer together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Dashcam Viewer may be used on up to two single computers by one user. Use of Dashcam Viewer means that you have loaded, installed, or run Dashcam Viewer on a computer or similar device. If you install Dashcam Viewer onto a multi-user platform, server or network, each and every individual user of Dashcam Viewer must be licensed separately.
You may make one additional copy of Dashcam Viewer for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Dashcam Viewer . The assignment, sublicense, networking, sale, or distribution of copies of Dashcam Viewer are strictly forbidden without the prior written consent of Earthshine Software. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Dashcam Viewer. If any person other than yourself uses Dashcam Viewer registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Dashcam Viewer. Nor can you create any derivative works or other works that are based upon or derived from Dashcam Viewer in whole or in part.
Earthshine Software's name, logo and graphics file that represents Dashcam Viewer shall not be used in any way to promote products developed with Dashcam Viewer. Earthshine Software retains sole and exclusive ownership of all right, title and interest in and to Dashcam Viewer and all Intellectual Property rights relating thereto.Copyright law and international copyright treaty provisions protect all parts of Dashcam Viewer, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Earthshine Software.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Earthshine Software, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Earthshine Software's Software.
In no event (including, without limitation, in the event of negligence) will Earthshine Software, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Dashcam Viewer or the use or inability to use Dashcam Viewer or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Earthshine Software's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Earthshine Software ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Earthshine Software.
Except as expressly stated in writing, Earthshine Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Dashcam Viewer and destroy all copies of Dashcam Viewer supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Dashcam Viewer AS WELL.