155 lines
7.8 KiB
Plaintext
155 lines
7.8 KiB
Plaintext
License Agreement
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https://www.scootersoftware.com/v4help/index.html?support_ordering_and_license.html
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Your use of Beyond Compare is governed by the following Terms and
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Conditions:
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Acceptance of License Agreement
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You should carefully read the following terms and conditions before
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using Beyond Compare 4 (the "Software"). Unless you have a different
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license agreement signed by Scooter Software, your use of this software
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indicates your agreement to these terms and conditions. If you do not
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accept all of these terms and conditions, you must cease using the
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Software immediately.
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Copyright
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Customer acknowledges that the Software, License Key and accompanying
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user documentation ("Documentation") are copyrighted works owned by
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Scooter Software and that Customer has no rights in the foregoing except
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as expressly granted herein.
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Free 30-Day Trial
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This is not free software. Scooter Software hereby grants you a
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non-exclusive, non-transferable, limited license to use the Software
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free of charge for a period of thirty (30) days. Use of the Software
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beyond the thirty-day (30-day) trial period requires the purchase of a
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License Key as described below. Use of the Software beyond the
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thirty-day (30-day) trial period without purchase of a License Key is a
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violation of U.S. and international copyright laws.
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License Key
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A unique key that will allow you to use the Software beyond the
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thirty-day (30-day) free trial period ("License Key") may be purchased
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from the Scooter Software website, which is currently
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http://www.scootersoftware.com. A License Key may be purchased for
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single or multiple users, all users at a named site, or an entire
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enterprise. A License Key is further categorized by feature set
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(Standard Edition or Pro Edition), and operating system platform
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(Windows Platform, Mac Platform, Linux Platform, or Multi Platform). A
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price list on the Scooter Software website details pricing for all
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license options. Upon purchase of a License Key, Scooter Software
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hereby grants you a non-exclusive, non-transferable license to use the
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Software with the applicable feature set on the applicable operating
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system platform as follows:
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Per-User License Key: A Per-User License Key may be purchased for a
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specific quantity of users. Each user of the total quantity may be
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either (a) a person who has access to the Software on any number of
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computers, or (b) a computer on which the Software will be installed
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for use by any number of persons, one at a time, while physically
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present at the computer. Each person so licensed must be the
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Customer, an employee of the Customer, an employee of a Customer's
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subsidiary company, or a third party consultant retained by the
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Customer to perform information technology functions (each, a "Third
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Party") to use the Software solely for Customer's internal business
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operations and benefit, and for no other purpose whatsoever.
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Customer shall ensure that such Third Party complies with the terms
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of this License Agreement and will be responsible for any breach by
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such Third Party.
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Site License Key: An unlimited user, single-location License Key may
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be used at Customer locations within a 100-mile radius of the site
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identified in the License Key (the "Site"), by any and all of
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Customer's employees while personally present at the Site. This
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license is likewise granted to Customer's employees who typically
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work at the Site, while performing Customer work at other locations
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such as client locations or home. Customer shall have the right to
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sublicense its rights under this License Agreement to third party
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consultants that it retains to perform information technology
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functions (each, an "Onsite Consultant"), while personally present at
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the Site to use the Software solely for Customer's internal business
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operations and benefit, and for no other purpose whatsoever.
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Customer shall ensure that such Onsite Consultant complies with the
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terms of this License Agreement and will be responsible for any
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breach by such Onsite Consultant.
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Enterprise License Key: An enterprise-wide ("Enterprise") License
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Key may be used world-wide, by any and all of Customer's employees.
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Customer shall have the right to sublicense its rights under this
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License Agreement to third party consultants that it retains to
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perform information technology functions (each, an "Enterprise
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Consultant"), while personally present at any Customer location to
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use the Software solely for Customer's internal business operations
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and benefit, and for no other purpose whatsoever. Customer shall
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ensure that such Enterprise Consultant complies with the terms of
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this License Agreement and will be responsible for any breach by such
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Enterprise Consultant.
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You shall be responsible for maintaining the License Key in a safe
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location and are specifically prohibited from distributing the License
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Key, intentionally or unintentionally, to any third party not authorized
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by this License Agreement. Upon loss or distribution of the License
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Key, Customer shall be required to pay a reinstatement fee at Scooter
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Software's discretion.
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Distribution of the Software
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Provided that you do not copy or distribute the License Key, and you
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include a copy of this License Agreement, you may (a) make copies of the
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Software; (b) give exact, unmodified copies of the Software to anyone;
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and (c) distribute the Software in its unmodified form via electronic
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means. You are specifically prohibited from charging any fees for any
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such copies or distributions.
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Term and Termination
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You may continue to use the Software for as long as you comply with the
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terms and conditions of this License Agreement. Scooter Software may
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terminate this License Agreement immediately upon notice to you in the
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event that Scooter Software has reason to believe you have breached this
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License Agreement. Upon termination, you shall immediately cease all
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use of the Software, License Key and Documentation and shall not be
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entitled to a refund of any fees paid.
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Warranties
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Scooter Software warrants and represents that: (a) it has all right,
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title and interest in the Software, the right to enter into and provide
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the license rights granted by this Agreement, and is not party to and
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will not enter into any agreement, covenant or encumbrance that
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conflicts with this Agreement; (b) the Software does not, to the best of
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Scooter Software’s knowledge, infringe upon or violate any patent,
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copyright, or trade secret or other proprietary right of any third
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party; (c) the advent of any date or year shall not adversely affect the
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performance of the Software; and (d) the Software is not contaminated by
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harmful code (e.g., self-propagating program instructions commonly
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called viruses, worms or Trojans).
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General Disclaimer
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Except for the limited warranties set forth herein, THE SOFTWARE AND
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DOCUMENTATION ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, SCOOTER SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
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MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
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ANY LIABILITY OF SCOOTER SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REFUND
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OF THE PURCHASE PRICE.
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Miscellaneous Provisions
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The validity and interpretation of this Agreement shall be governed by
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the laws of the United States of America and the State of Wisconsin.
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Customer agrees that the state and federal courts located in the State
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of Wisconsin, Dane County, shall be the appropriate site of venue for
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actions relating to this Agreement, and hereby consents to the exclusive
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jurisdiction and venue of such courts. If any provision of this
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Agreement is declared by a court of competent jurisdiction to be
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invalid, illegal or unenforceable, such provision or part thereof will
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be severed from the Agreement and the remaining provisions will remain
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in full force and effect.
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