» version 1.0 - posted on 2005-07-27
End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
1.1. Software license: The License is given for usage by a single user on a single computer. Usage by several users on the same Computer is allowed as long as it is not concurrently.
1.2. Backup copies: You are entitled to making copies for backup purposes. Furthermore you are allowed to install the software on one further system without bying a second license. A second registration key will normally be send to you if needed. However this does not establish a claim for such a secondary key. Circulation of registration keys is not permitted.
2. Intellectual Property Rigths. The Software and any copies that you are authorized by CookieCooker-Team to make are the intellectual property of and are owned by CookieCooker-Team. The Software is protected by copyrigth, international treaty provisions and applicable laws in the country in which it is being used. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software or circumvent the copy protection devices. THE SOFTWARE CONTAINS COMPONENTS OF OTHER PRODUCERS (I.E. OPENSSL AND SSLEAY BY ERIC YOUNG). THE COMPONENTS ARE THE INTELLECTUAL PROPERTY OF THEIR PRODUCER AND ARE RESTRICTED BY WHOSE LICENSE CONDITIONS. USING TOGETHER WITH COOKIECOOKER IS ALLOWED.
3. LIMITED WARRANTY: CookieCooker-Team warrants to the person or entity that first purchases a license for the Software for use pursuant to the terms of this license, that the software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the registration number when used on the recommended hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. If the Software does not perform substantially in accordance with the Documentation, the entire liabliity of CookieCooker-team shall be limited to either, at CookieCooker-Team's option, the replacement of the software or refund of the license fee you paid for the software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The anonymizing service JAP is not part of the CookieCooker software. Purchase of a CookieCooker license does not include a claim to use JAP. Free usage and availability of features that are based on JAP can therfore be not waranted.
4.1. DISCLAIMER: THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR COOKIECOOKER-TEAM'S BREACH OF WARRANTY. COOKIECOOKER-TEAM DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, COOKIECOOKER-TEAM MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMIED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of section 4.1 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
4.2. LIMITATION OF LIABILITY: IN NO EVENT WILL COOKIECOOKER-TEAM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN COOKIECOOKER-TEAM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. COOKIECOOKER-TEAM'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO AMOUNT PAID FOR THE SOFTWARE, IF ANY.