End User License for Text2Go Software
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.
1. Terms of License
This license allows you to:
(a) use the Software on a single computer; and
(b) make one (1) copy of the Software for back up purposes.
If you wish to use the Software on more than one computer, you must license another copy of the Software.
2. Restrictions on Use
Unless Tumbywood Software has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one computer to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.If you use IVONA or RealSpeak™ voices in conjunction with Text2Go, the following licensing restrictions apply.
The creation of sound files is only allowed for personal use.
You may not broadcast the sound files (e.g. Podcast).
Professional use is prohibited with this license.
This license provides you with limited rights to use the Software. Tumbywood Software retains all ownership, right, title and interest in, to and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by Tumbywood Software.
4. Proprietary Markings
Tumbywood Software’s logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to Tumbywood Software. You shall not remove or obscure Tumbywood Software’s copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
5. Disclaimer of Warranties and Technical Support
The Software is provided to you free of charge and on an “as is” basis, without any technical support or warranty of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. Limitation of Liability
TUMBYWOOD SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MG IT CONSULTING PTY LTD OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
7. Term and Termination
This license agreement is effective until terminated. You may terminate this license agreement at any other time by destroying all complete and partial copies of the Software in your possession. This license and your rights hereunder shall automatically terminate if you fail to comply with any provision of this license. Upon such termination, you shall cease all use of the Software and delete the Software and destroy all copies of the Software and other materials related to the Software in your possession or under your control.
8. General Provisions
This Agreement shall be governed by the laws of Australia.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
All questions, comments or concerns with respect to this Agreement shall be directed to: Tumbywood Software, 13 Cooinda Crt Frankston South Victoria 3199 Australia, firstname.lastname@example.org.
Tumbywood Software may from time to time release new versions of the Software. If you wish to be notified when a new version of the Software is released, you must subscribe to the RSS feed [text2go news RSS feed]. All new versions or releases which are provided to you shall be considered part of the Software and shall be governed by the terms of this license agreement.