Copyright (c) 2014 Dashboard Rotator
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Dashboard Rotator(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Dashboard Rotatorg your use of Dashboard Rotator indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Dashboard Rotator grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Dashboard Rotator in accordance with this Agreement and any other written agreement with Dashboard Rotator. Dashboard Rotator does not transfer the title of Dashboard Rotator to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Dashboard Rotator and the purchasers or users of Dashboard Rotator.
If you do not agree to be bound by this agreement, remove Dashboard Rotator from your computer now and delete all downloaded files.
Dashboard Rotator and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Dashboard Rotator contact Dashboard Rotator.
3. USER AGREEMENT
Your license to use Dashboard Rotator is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Dashboard Rotator.
3.2 Use Restrictions
Your license entitles you to use the software on up to 2 machines at a time per single license. (4 machines requires 2 licenses, 6 machines requires 3 licenses etc).
Licenses are activated on individual machines and that activation file is locked to that specific machine. When the activation limit is hit, you may purchase more licenses or de-activate current activations.
A machine is defined as an instance of an operating system not physical hardware and therefore virtual machines are each counted as a machine.
You shall use Dashboard Rotator in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Dashboard Rotator together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Use of Dashboard Rotator means that you have loaded, installed, or run Dashboard Rotator on a computer or similar device.
You may make one copy of Dashboard Rotator for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Dashboard Rotator . The assignment, sublicense, networking, sale, or distribution of copies of Dashboard Rotator are strictly forbidden without the prior written consent of Dashboard Rotator. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Dashboard Rotator. If any person other than yourself uses Dashboard Rotator registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Dashboard Rotator. Nor can you create any derivative works or other works that are based upon or derived from Dashboard Rotator in whole or in part.
Dashboard Rotator’s name, logo and graphics file that represents Dashboard Rotator shall not be used in any way to promote products developed with Dashboard Rotator . Dashboard Rotator retains sole and exclusive ownership of all right, title and interest in and to Dashboard Rotator and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Dashboard Rotator, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Dashboard Rotator.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Dashboard Rotator , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Dashboard Rotator’s Software.
In no event (including, without limitation, in the event of negligence) will Dashboard Rotator , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Dashboard Rotator or the use or inability to use Dashboard Rotator or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Dashboard Rotator’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Dashboard Rotator ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Dashboard Rotator.
Except as expressly stated in writing, Dashboard Rotator makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Refunds will be granted only to un-used, de-activated licenses within 2 weeks of the purchase date.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Dashboard Rotator and destroy all copies of Dashboard Rotator supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Dashboard Rotator AS WELL.
5. CONSENT OF USE OF DATA
You agree that Dashboard Rotator may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Dashboard Rotator.Dashboard Rotator may also use this information to provide notices to you which may be of use or interest to you.