This software end user licence agreement (“EULA”) is a legally binding agreement between you (either an individual or an entity), referred to herein as “YOU” or “LICENCEE”, and Daniel Krajzewicz. The software entitled PaletteTool and all documents and materials included in it are referred to herein as the “SOFTWARE” or the “DOCUMENTS”. Installing or using all or any portion of this software indicates your acceptance of all the terms and conditions of this EULA and that this agreement is equivalent to a written agreement signed by you. By downloading the software completely or in parts you are providing your acceptance of the terms of this agreement. If you do not wish to be bound by these terms, then do not install the software.
It is illegal and strictly prohibited to distribute, publish, offer for sale licence or sublicence, give or disclose to any other party, this software or the documents in hard copy, digital form or any other medium, except as specifically permitted below.
The use of this software is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the Software and to the Software in its whole part. You are deemed to have read, understood and accepted the terms of this EULA when you install or use the Software.
(a) Daniel Krajzewicz shall retain copyright and any other proprietary rights in and to the Software, and the Software is protected by copyright laws and international copyright treaties or by the copyright notice or other intellectual property notice.
(b) The Software is licenced, not sold. You do not have any right other than the licence granted under this Agreement.
SINGLE USER LICENCE. You may install, use, access, display, run, or otherwise interact with the Software on an unlimited number of computers as long as only one user can work with the software. This licence does not restrict use to a single user on a single computer, but to a single user on any number of computers.
Daniel Krajzewicz retains all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material and images. The Software is protected by copyright and other intellectual property laws and by international treaties. Daniel Krajzewicz permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA.
You may not rent, lease, sell, sublicence, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.
You may not unpack or remove Documents and distribute them in any way except as prescribed by the Allowed Usage defined in section 2. Only distribution of the full and complete unaltered software application is allowed provided that Daniel Krajzewicz has given you prior written authorization and that all trademarks, ownership and copyright notices remain in the Software.
You may not: (i) modify or create any derivative works of the Software or documentation, including customization, any modifications or enhancements, translation or localization without Daniel Krajzewicz's written consent; (ii) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software, or the underlying ideas or algorithms of the Software; (iii) incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product; (iv) digitally transmit or make available the Software; (v) use the Software in any way that violates this EULA or any law; or (vi) authorize or assist any third party to do any of the things described in this section.
EXCEPT AS REQUIRED BY LAW, DANIEL KRAJZEWICZ OR HIS SUBCONRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). DANIEL KRAJZEWICZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DANIEL KRAJZEWICZ MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE SOFTWARE AND YOUR USE OF THE SOFTWARE, OR THE SUITABILITY OF THE SOFTWARE TO MEET YOUR SPECIFIC NEEDS.
Neither Daniel Krajzewicz or anyone else who has been involved in the creation, production, or delivery of this program shall be liable for any direct, indirect, consequential or incidental damages, lost profits, business interruption or loss of information arising out of the use, the results of use, or inability to use such program, or damage of loss caused by the program, even if advised of the possibility of such damages or claim.
Daniel Krajzewicz reserves the right to unilaterally change and/or amend all offers, pricing terms or other matters pertaining to the Software, website(s) operated by Daniel Krajzewicz, or this EULA. Daniel Krajzewicz shall have the sole and exclusive right to immediately terminate this EULA and suspend your licence to use the Software should you fail to perform any obligation required under this EULA, engage in activity that Daniel Krajzewicz deems harmful to its well-being or if you become bankrupt or insolvent. This EULA takes effect upon your installation of the Software and remains effective until terminated.
This is the entire EULA between Daniel Krajzewicz and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Software.