ViewletCam 2.0.245

EULA - End User License Agreement

Qarbon ViewletCam License This document applies to both the TRIAL and the LICENSED versions of ViewletCam. Specifics to the TRIAL version are that users are allowed to freely distribute this version to whoever they want, as long as they do not intend to make profit on this distribution and that they respect all other terms of this agreement. License Agreement PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY, THEN CLICK EITHER AGREE OR DISAGREE. BY CLICKING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE" AND DO NOT USE THIS SOFTWARE. 1. License. Qarbon ("Qarbon") hereby licenses to you the software and any documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "Qarbon Software") on the terms and conditions set forth herein. You own the media on which the Qarbon Software is recorded but Qarbon retains all right, title and interest in and to the Qarbon Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. The Qarbon Software in this package and any copies which this License authorizes you to make are subject to this License. You acknowledge that your possession, installation, or use of the Qarbon Software does not transfer to you any title to the intellectual property in the Qarbon Software, and that you will not acquire any rights to the Qarbon Software except as expressly set forth in this License. You agree that any copies of the Qarbon Software will contain the same proprietary notices that appear on and in the Qarbon Software. 2. Term. This License shall be perpetual beginning on the date you agree to the terms of this License. Your License gives you access to the current generation of ViewletCam and updates on this generation. It does not give you any right to the following generations. Notwithstanding the foregoing, your rights under this License will terminate automatically without notice from Qarbon if you fail to comply with any of the terms hereof. Upon termination, you shall destroy all copies of the Qarbon Software in your possession. 3. Permitted Uses and Restrictions. This License allows you to install and use the Qarbon Software on any computer owned by you. This License does not allow the Qarbon Software to exist on more than one computer at a time. You may make one copy of the Qarbon Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Qarbon Software in whole or part or transmit the Qarbon Software over a network or from one computer to another. In addition, you may not modify the file formats of any Viewlets created by the Qarbon Software or remove any of the copyright notices, watermarks or other proprietary notices or labels contained in any Viewlets created by the Qarbon Software. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Qarbon Software to a party who agrees to accept the terms of this License and destroy any other copies of the Qarbon Software in your possession. 4. Limited Warranty on Media (if applicable). Qarbon warrants the media on which the Qarbon Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Qarbon's option, a refund of the purchase price of the product containing the Qarbon Software or replacement of the Qarbon Software which is returned to Qarbon or a Qarbon authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANDABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. QARBON SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 5. Disclaimer of Warranty on Qarbon Software. You expressly acknowledge and agree that use of the Qarbon Software is at your sole risk. THE QARBON SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND QARBON EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. QARBON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE QARBON SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE QARBON SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE QARBON SOFTWARE WILL BE CORRECTED. FURTHERMORE, QARBON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE QARBON SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QARBON SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE QARBON SOFTWARE PROVE DEFECTIVE, YOU (AND NOT QARBON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING QARBON PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY QARBON'S NEGLIGENCE. 6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL QARBON, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MIGHT NOT APPLY TO YOU. In no event shall Qarbon's total liability to you for all damages exceed the amount of fifty dollars ($50.00). 7. High Risk Activities. The Qarbon Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Qarbon expressly disclaims any express or implied warranty of fitness for High Risk Activities. 8. Government End Users. If the Qarbon Software is supplied to the United States Government, the Qarbon Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Qarbon Software are as provided in clause 52.227-19 of the FAR. 9. Export Law Assurances. You may not use or otherwise export or re-export the Qarbon Software except as authorized by United States law and the laws of the jurisdiction in which the Qarbon Software was obtained. In particular, but without limitation, the Qarbon Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Qarbon Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 10. Controlling Law and Severability. If there is a local subsidiary of Qarbon in the country in which the Qarbon Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California, without reference to the principles of conflict of laws. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Qarbon Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Qarbon. Note:ViewletCam relies on technology developed by GuoHui Liu. Qarbon 111 N. Market St, Suite 830 San Jose, CA 95113 USA http://www.qarbon.com Rev. Jan 2010