Ducklet DeskPhoto 1.1


EULA - End User License Agreement



End User License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE RADIO BUTTON LABELED "I AGREE" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "CANCEL" AND THE SOFTWARE WILL NOT BE INSTALLED.
License Grant
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Ducklet.
"Quack" is what a duck says.
Some of the terms of this license agreement are different depending on whether you are evaluating a free trial version of the Software or have purchased the Software.
Unlimited Trial Period: If you are using a free Trial Evaluation version of the Software, we hereby grant you a nonexclusive license to use one copy of the Software and Documentation on any single computer for evaluation purposes only, for as long as you like. Forever. Infinity. Until the end of time.
But the Trial Evaluation version of the Software does put a stamp in the lower right corner of your desktop. If you don't want the stamp there, you can purchase the Software and the stamp will go away. Hence the next section...
Purchase: If you are using a Purchased version of the software, we hereby grant you a nonexclusive license to install the Software on up to two computers, provided (a) both computers belong to the same household or business, or (b) each computer is used by the same person more than 80% of the time. For example, you may install the Software on your home computer and your children's home computer in the same household, or on your home computer and your work computer.
Volume Purchase: If you are using a Volume Purchased version of the software, we hereby grant you a nonexclusive license to install the Software on up to N computers, where N is the number of licenses you purchased.
Title
We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted materialfor example, a book. You may not:
copy the Documentation,
copy the Software except to make archival or backup copies as provided above,
modify or adapt the Software or merge it into another program,
reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
place the Software onto a server so that it is accessible via a public network such as the Internet, or
sublicense, rent, lease or lend any portion of the Software or Documentation.
transfer only a portion of you licensed copies or rights to another person or legal entity
We have a mama duck and three ducklets to support. Please don't pirate our software.
Transfers
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. Because the software Serial Number is tied to the First and Last name you used when purchasing the software, the transferee will still see your name in the About Box as the registered owner.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of the Software to you:
the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and
the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
return the price you paid, or
repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of California.
5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.



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Downloads: 62
Updated At: 2024-03-19
Publisher: Ducklet
Operating System: windows
License Type: Free Trial