Outpost 11 B.V. Freeware License Agreement - 9/10/2008
ATTENTION: READ CAREFULLY: By using, copying, or distributing the accompanying software you indicate your acceptance of the following Outpost 11 B.V. Freeware License Agreement ("Agreement").
1. License.
Outpost 11 B.V. ("Outpost 11 B.V. ") hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use its software product and ccompanying documentation (the program's object code and documentation are collectively referred to as the "Software") on the following terms and only for non-commercial purposes (see Section 2 below). You may:
a. use the Software on any computer in your possession;
b. make copies of the Software; and
c. distribute the Software (subject to the requirements of Section
3 below) only in the form originally furnished by Outpost 11 B.V. with no
modifications or additions whatsoever. If you have the slightest
doubt that your copy of the Software is not original, you must
contact Outpost 11 B.V. for an original copy.
2. Limitations on license.
The license granted in Section 1 is subject to the following restrictions:
a. The Software is to be used only for non-commercial purposes unless you obtain Outpost 11 B.V. 's prior written consent. Prohibited commercial purposes include, but are not limited to:
(i) Selling, licensing or renting the Software to third parties
for a fee (by payment of money or otherwise, whether direct or
indirect);
(ii) Using the Software to provide services or products to others
for which you are compensated in any manner (by payment of money
or otherwise, whether direct or indirect), including, without
limitation, providing support or maintenance for the Software;
(iii) Using the Software to develop a similar application on any
platform for commercial distribution; or
(iv) Using the Software in any manner that is generally
competitive with a Outpost 11 B.V. product as defined by Outpost 11 B.V. .
b. However, media costs associated with the distribution of the Software may be recovered. You shall use your best efforts to promptly notify Outpost 11 B.V. upon learning of any violation of the above commercial restrictions.
c. On each copy of the Software you must conspicuously and appropriately reproduce Outpost 11 B.V. 's copyright notices and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or interactively displayed); and give any other recipients of the Software a copy of this Agreement.
d. You may not modify, combine other commercial applications with,or otherwise prepare derivative works of the Software.
e. In order to preserve the value of the Outpost 11 B.V. name and/or any trademarks, service marks, trade dress adopted and/or used by Outpost 11 B.V. from time to time, you shall not make use of any of them for any reason (e.g., with respect to an Additional File, in advertising, marketing your own products, press releases, or other publicity) except solely as may be expressly authorized by this Agreement or by the prior written consent of Outpost 11 B.V..
f. Outpost 11 B.V. , in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not reverse engineer, decompile, disassemble, or otherwise reduce any portion of the software to any human perceivable form, except to the extent this restriction is prohibited by applicable law.
3. Distribution.
As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or
use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software subject to
these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients.
4. Title.
Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Outpost 11 B.V. . The Software is protected by the copyright laws of The Netherlands and international copyright treaties.
5. No Outpost 11 b.v. obligation.
You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Outpost 11 B.V. shall have no liability, obligation or
responsibility therefor. Outpost 11 B.V. shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software.
6. No warranty.
The software is licensed free of charge, and there is no warranty for the software. Outpost 11 b.v. provides the software "as is," and outpost 11 b.v. , its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the software, disclaim all conditions and warranties of any kind, either express, implied, statutory, or otherwise, including, but not limited to, any conditions or implied warranties of merchantability, satisfactory quality, and fitness for a particular
purpose. the entire risk as to the results, quality and performance of the software is with you and your distributees. should the software prove defective, you and your distributees (and not outpost 11 b.v. ) assume the cost of all necessary servicing, repair or correction. Outpost 11 b.v. makes no warranty of noninfringement of the intellectual property rights of third parties.
7. Limitation of liability.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall outpost 11 b.v. , its distributors and suppliers, or any other person who has been involved in the creation, production, or delivery of the software be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, or other damages of any character arising out of this agreement or the use of or inability to use the software, including but not limited to personal injury, loss of profits, loss of data, output from the software or data being rendered inaccurate, failure of the software to operate with any other programs, damages for loss of goodwill, business interruption, computer failure or malfunction, or any and all other damages or losses of whatever nature, even if outpost 11 b.v. has been informed of the possibility of such damages.
8. Indemnification.
You and your distributees shall defend, indemnify and hold harmless Outpost 11 B.V. , its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software.
9. Termination.
The license granted hereunder is effective until terminated by Outpost 11 B.V. . You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this
Agreement.
10. Export controls.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the Netherlands relating to the control of exports of commodities and technical data. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
11. User agrees with the User Agreement.
Every user agrees with the User Agreement as provided on the GrabOut.com™ website and when provided when installing the program.
12. Miscellaneous.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. Dutch law applies to this agreement.
Address all correspondence regarding
this license to:
Outpost 11 B.V.
Middachtenstraat 29
4834 PB Breda
The Netherlands
Tel. +31 76 5615111
E-mail: info@outpost11.nl
Copyright and Trademark Notices:
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The Software is Copyright (c) Outpost 11 B.V. 2008. All rights
reserved. The documentation and all computer files are also Copyright
(c) Outpost 11 B.V. 2008. All rights reserved. These rights include
but are not limited to any foreign language translations of the manual
or the software, and all derivative works of both. The used trademarks
are the property of Outpost 11 B.V. All other trademarks are the property of their respective owners.
