SOFTWARE LICENSE AGREEMENT
Produced by : Lucid Enterprises DBA PerfectCuts.com (TM)
1885 Michelle Drive, Yuba City, CA 95993 USA.
(c) Copyright 2002-2005 Jeff Bowers and Lucid Enterprises. All rights reserved.
PLEASE READ THE USE OF SOFTWARE LICENSE AGREEMENT BY SCROLLING DOWN
This Software Agreement (the "Agreement") is a legal agreement between you, the user, and Lucid Enterprises ("Lucid Enterprises"). By continuing the installation of the PerfectCuts software program, by loading, running or using the program, or by placing or copying the program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use or distribute the program and must destroy and/or delete all copies of the program.
1. Grant of License. Lucid Enterprises grants to you the right to use the PerfectCuts software program (the "Software"). For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. You shall not: modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. You shall not: rent, lease, sell, distribute for money or other consideration, the Software. This license allows you to install and use the PerfectCuts program on a single computer.
2. Commercial Use is Prohibited. Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit, sell or (re)distribute the Software without express written permission. Joint ventures, license agreements, co-branding opportunities, and any other similar cooperative arrangements will be considered, and inquiries should be directed to firstname.lastname@example.org.
3. Copyright. The Software is owned by Lucid Enterprises and/or Jeff Bowers and is protected by international copyright laws and international treaty provisions. Your license confers no title or ownership in the Software and is not a transfer of any rights in the Software. You must treat the Software like any other copyrighted material. As part of the copyright provision, you may not use any images from (including screen shots of) the PerfectCuts program for any purposes other than your own personal use. You may not make copies of the Software to give to other persons. You may not charge or receive any consideration from any other person for the receipt or use of the Software. You agree to ensure that any user of the Software licensed hereunder complies with this Agreement.
4. WARRANTY. THE SOFTWARE IS PROVIDED AS IS.
LUCID ENTERPRISES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY.
LUCID ENTERPRISES DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET ANY SPECIFIC REQUIREMENTS.
THE AGENTS, EMPLOYEES AND/OR DISTRIBUTORS OF LUCID ENTERPRISES ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF LUCID ENTERPRISES.
ADDITIONAL STATEMENTS OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY LUCID ENTERPRISES AND SHOULD NOT BE RELIED UPON.
IN NO EVENT SHALL LUCID ENTERPRISES OR ITS AGENTS, EMPLOYEES AND/OR DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION: LOST PROFIT, LOST DATA, LOST TIME, LOST MATERIAL, OR DOWNTIME COSTS), OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF LUCID ENTERPRISES OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
By loading or using the Software you accept sole responsibility for all consequences arising therefrom and confirm that no claim whatsoever will be made against Lucid Enterprises or its distributors, agents or associates.
The aforementioned limitation of liability shall not apply in the case of intentional acts or omissions of Lucid Enterprises or in the case that liability is mandatory, e.g. with regard to certain circumstances of gross negligence.
5. Export Requirements. You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations. Without limiting the generality of the foregoing, you may not download or otherwise export or re-export the Software (I) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order.
6. General Provisions.
This Software is subject to removal without notice.
Neither this Agreement nor any part or portion hereof shall be assigned or sub-licensed, except as described herein.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.
If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
If you fail to comply with any terms of this Agreement, YOUR LICENCE IS AUTOMATICALLY TERMINATED.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY INSTALLING THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN LUCID ENTERPRISES AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN FREEZE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
This License will be construed under the laws of the State of California, United States of America. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
PerfectCuts and the stylized logo are trademarks of Lucid Enterprises. All other trademarks acknowledged.