Smart Color Pick'n'Capture 1.00

EULA - End User License Agreement

Disclaimer
Software License Agreement
Important Notice to Users:

Do not use Smart Color Pick'n'Capture without carefully reading the following three (3) parts.

End User License Agreement

1. Software
This is a contract between you and Programming Sunrise Ltd. By opening the software package, installing or using the software, you accept all the terms and conditions outlined in this Agreement. If you do not agree to the terms and conditions of this Agreement, you will not be able to use the software.

This Software License Agreement sets forth the terms and conditions under which you are licensed to use the software Smart Color Pick'n'Capture from Programming Sunrise Ltd. This is a license agreement and not an agreement for sale. Programming Sunrise Ltd. continues to own the software and the physical media contained in the sale package and any other copy that you are authorized to make in compliance with this Agreement.

Software Definition

Software refers to all of the contents of the disks, CD-ROMs or other media with which this agreement is provided; digital images, stock photographs, clip art, icons, graphics, animations, video, audio, music, text or other artistic works; related explanatory materials ("documentation"); and upgrades, modified versions, updates, additions, and copies of the software, if any, licensed to you by Programming Sunrise Ltd.

Programming Sunrise Ltd. grants you a non-exclusive license to use the software, provided you agree to the following:

1. Use of the Software

1.1 You may install one copy of the software onto a hard disk or other storage device up to the number of permitted nodes.
1.2 You may install one copy of the software on a single file server for the purpose of downloading and installing the software onto a hard disk or other storage device up to the number of permitted computers that are on the same network as the file server. No other network use is permitted.
1.3 You may make one backup copy of the software provided your back-up copy is not installed or used on any computer.

The Software contains trade secrets, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to human-perceivable form. You may not modify, adapt, translate, rent sublicense, assign, lease, loan, resell for profit, distribute, or network the software, disk, or related materials or create derivative works based upon the software or any part thereof.

2. Copyright
The software and any copies that you make are the intellectual property of and are owned by Programming Sunrise Ltd. The compilation and code of the software are the valuable trade secrets and confidential information of Programming Sunrise Ltd. The software is protected by Russian Federation Law and applicable laws of the country in which it is being used.

You may not make copies of the software except for personal back-up purposes and in this case, you should not make more than one copy. You should not give copies of the software to other people (rent, lease, sublicense, lend), or duplicate the software by any other means, including electronic transmission. You may not copy the printed materials accompanying the software, nor print copies of any user documentation. You are also forbidden to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software.

3. Trademarks
Trademarks shall only be used in accordance with accepted trademark practice. Trademarks can only be used to identify printed output produced by the software and such use of any trademark does not give you any rights of ownership in that trademark. This Agreement does not give you any Intellectual Property Rights in the software unless stated above.

4. Transfer
Rights to this software are non-transferable.

5. Multiple Environment Software/Dual Media Software/Multiple Copies
If the software supports multiple platforms or languages, if you receive the software on multiple media, or if you otherwise receive multiple copies of the software, the number of computers on which all versions of the software are installed should not exceed the permitted number of computers. You may not rent, lease, sublicense, lend or transfer versions or copies of the software you do not use.

6. Updates
If the software is an update to a previous version of software, you must possess a valid license to such previous software to use the update and you may use the previous version for thirty (30) days after you receive the update to assist you with transition to the update. After the thirty (30) days, you no longer have a license to use the previous version, except for the sole purpose of enabling you to install the update.

7. Limited Warranty
The sole warranty regarding the software and related materials is that the original disk or software downloaded from an approved internet site is free from physical defects in material and workmanship, assuming proper use, for a period of seven (7) days from the date of purchase. If such defect occurs during this period, you may return your faulty disk and receive a free replacement disk or you may download a new copy from an approved internet site.

Programming Sunrise Ltd. does not warrant the performance or results you may obtain using Smart Color Pick'n'Capture. Further, the suppliers make no warranties or conditions, expressed, implied, or statutory, as to any other matters including but not limited to non-infringement of third party rights and satisfactory quality for any particular purpose. In no event will the distributors or suppliers of Programming Sunrise Ltd. be liable to you for any damages whatsoever (including consequential, indirect, incidental, punitive or special damages, including any lost profits or lost savings) even where a distributor or supplier has been advised of the possibility of such damages, or for any claim by any third party. Where liability cannot be legally excluded, but it may be limited, Programming Sunrise Ltd.’s liability and that of its suppliers shall be limited to the amount paid for the software. Nothing contained in this agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this agreement limits the suppliers’ liability to you in the event of death or personal injury resulting from Programming Sunrise Ltd.’s negligence.

8. Governing Law
This agreement will be governed by and construed in accordance with the substantive laws of the Russian Federation whose courts shall have jurisdiction over all disputes relating to this agreement. If any part of this agreement is found void and unenforceable, it will not effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Russian Federation’s export laws, restrictions or regulations. This agreement will automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the software. This shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Programming Sunrise Ltd., although Programming Sunrise Ltd. may vary the terms of this agreement in connection with the licensing of any Updates to you.

2. Your theme and template package
Your theme and template package is classified as "software".

Your use of the theme indicates your acceptance of the terms of this License Agreement. Programming Sunrise Ltd. grants you the following license:

APPROVED USE: You may use all graphics in a single application (i.e., on one computer), free from copyright infringement, whether such application is for free or for fee. Use of this theme on more than one computer is prohibited without prior written consent.

ALTERATIONS: You may not alter the appearance of the theme, template or any graphics except to add your own personal or business information on banners, buttons or backgrounds. Any modifications are at the sole risk of the user and Programming Sunrise Ltd. does not guarantee the performance of any package which has been altered or modified other than stated above.

IMAGES: If the main graphical image is accompanied by a copyright symbol, this symbol may not be removed from the image.

THIRD-PARTY SOFTWARE: Your theme and template package may contain elements that rely on additional third-party software that must be purchased separately or downloaded for free from an approved site in order for said element to be modified or perform satisfactorily on your computer. Such notices are clearly marked on each preview. Elements which rely on such additional software may be removed and not affect the overall performance of the theme and template package.

RESTRICTIONS: Our templates, style sheets, and images may NOT be resold, distributed, or added to any type of collection. They may not be offered for download or use from any web site nor placed online for promotional purposes or approved by Programming Sunrise Ltd. The template must be used as supplied for its original intended purpose. This simply means you may use it as is, but not remove images or code from the templates or style sheets. Graphic copyright remains with the original designer. The term "graphic" applies to all theme and template images such as bullets, buttons, icons, images, etc.

This theme is offered in good faith. The purchaser agrees not to hold Programming Sunrise Ltd., any third party vendor, or other selling agent liable for any loss of revenue, time, or other damages that might be incurred, directly or indirectly, through the use of any Smart Color Pick'n'Capture theme.

3. Privacy
a) Your privacy is as important to us as it is to you. It is not the policy of Programming Sunrise Ltd. to rent information about our users to third parties.

b) Feedback; Confidential Information; Privacy - Unless otherwise explicitly stated herein any non-personal information or material provided to Programming Sunrise Ltd. will be deemed NOT to be confidential. By sending Programming Sunrise Ltd. any non-personal information or material, you grant Programming Sunrise Ltd. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Programming Sunrise Ltd. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) you grant us permission to do so; (ii) we first notify you that the materials or other information you submit to a particular part of a site will be published.

c) Unless otherwise explicitly stated herein any personal information or material sent to Programming Sunrise Ltd. will be deemed confidential and all reasonable care will be taken to ensure privacy and confidentiality. In all respects it is the provider of the personal information that is responsible for the safe keeping of secret data such as passwords issued by Programming Sunrise Ltd. The provision of appropriate secret information or passwords to Programming Sunrise Ltd. will be deemed, in all instances, to be legitimate as stated. Programming Sunrise Ltd. under no circumstances takes responsibility for misuse of shared information between members of families, friends or colleagues, whether past or present, in business or in private, with or without your expressed permission. Programming Sunrise Ltd. deems all appropriate provision of secret information and passwords to Programming Sunrise Ltd. as being accurate, legitimate, and representing the will of the person so represented. Programming Sunrise Ltd. will act on this information responsibly and according to appropriate laws. IN NO EVENT SHALL PROGRAMMING SUNRISE LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SECRET DATA OR PASSWORDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This is the entire agreement between Programming Sunrise Ltd. and you relating to the software and it supersedes any prior representations, discussions, undertakings, end user license agreements, communications or advertising relating to the software.

If you have any questions regarding this Agreement or if you wish to request any information from Programming Sunrise Ltd. please write to:

119454
Moscow, Russia
prospect Vernadskogo 50-A, 51
dennis@psunrise.com