End User License Agreement
MARK KÉY-BALCHIN END USER LICENCE AGREEMENT
Software Updater 1.0 Build 03
14 December 2008
"EULA" refers to this End User Licence Agreement.
"Software" refers to Software Updater and any programs, software, services or documentation included with Software Updater.
"MarkKB" refers to Mark Kéy-Balchin, the creator of the Software.
"End User" refers to the users of the product, whether that may be a single user, a family, a legal body, or an organisation. The second-person singular pronoun is also used in this way.
IMPORTANT: PLEASE READ
This EULA is a legal agreement between you, the End User, and MarkKB in relationship to the Software. This EULA rescinds all previous license agreements for the Software.
By clicking the "I agree” button below, or by installing, accessing or otherwise using the Software, you signify your complete and total acceptance on the terms of this EULA, and agree to be bound by the terms and conditions herein. If you do not agree to the EULA, you may not use the Software, in which case you must immediately remove the Software and any copies of the Software from all computers under your ownership.
Except where local law applies, this EULA is governed by the laws of New Zealand.
1) Grant of License
MarkKB grants you the following rights, provided that you and comply with all the terms and conditions of this EULA:
a) Installation and Use: You may install and concurrently run the Software on as many computers as you like, provided that they are under your ownership.
b) Copying: You may make back-up copies of the Software. You may only use these back-up copies for archival purposes, or in place of the original media (if it is damaged or otherwise unusable) for computers under your ownership. You may also make copies of the setup program for distribution, provided that the distribution channel is limited, and the setup program is provided for no cost.
c) Transfer of Licence: If you wish to transfer the Software or hardware containing the Software, you must make the recipient fully aware of all of the terms of this EULA, and they must be in full acceptance of the aforementioned terms.
d) Sale or Rent: This software is distributed for free, and is not sold. You may not rent the Software in any capacity. You may not sell the Software without the express written permission of MarkKB.
2) Other Rights and Limitations
a) Reverse Engineering, Decompiling or Disassembly: You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
b) Separation of Components: This Software is licensed as a single product, and its components may not be separated from the Software.
c) Termination: Without prejudice to any other rights, MarkKB may cancel this EULA if you do not abide by the terms and conditions contained herein.
d) Trademarks: This EULA does not grant you any rights in connection with any trademarks related to MarkKB or the Software.
3) Intellectual Property Rights
4) Product Support: If you require support for the Software, you may contact MarkKB via email. MarkKB is not required to respond, nor can MarkKB guarantee a response, or that the response is helpful in any way. Unsolicited email does not count as requiring support.
5) Links to Third Party Sites: You may link to third party sites through the use of the Software. The third party sites are not under the control of MarkKB, are not endorsed by MarkKB, and MarkKB is not responsible for the contents of third party sites, any links contained in third party sites, or any changes or updates to third party sites, nor is MarkKB responsible for any form of transmission between you and third party sites.
6) Liability: The Software is provided "as-is" with all faults. To the maximum extent permitted by applicable law, in no way can MarkKB be liable for any damages whatsoever (including, but not limited to, direct or indirect loss of data or financial or personal injury) arising out of the use of this product, even if MarkKB has been advised of such damages. In any case, MarkKB's entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the Software. Because some jurisdictions do not allow the exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.