» version 1.4.24 - posted on 2008-04-01
» version 5.0.1 - posted on
Some bugs have been fixed.
EULA - End User License Agreement
IMPORTANTREAD CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and OEM Partnership Ltd for the OEM Partnership Ltd software that accompanies this EULA, which includes associated media and OEM Partnership Ltd Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. OEM Partnership Ltd grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install and use one copy of the Software on a single personal computer on a single site.
1.2 License Grant for Templates. The Software may include document templates. You may not copy and modify the document templates available as part of the Software. You must indemnify and defend OEM Partnership Ltd against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing or distribution of the templates as modified by you.
1.3 License Grant for Samples and Redistributable Code. The Software may include "samples" of documents, pictures, software programs and/or web pages. The Software also may include "redistributable" components in object code form. The following terms describe your rights to the samples and redistributable components included in the Software:
Samples. You may modify the "samples" and distribute copies of such samples, including your modifications, in object code form, provided you comply with the distribution requirements described below.
Redistributable Code. You may not reproduce and distribute copies of the programs and files.
Distribution Requirements. You may only distribute the sample and redistributable code if you comply with the requirements above and you (a) do not use OEM Partnership Ltd's name, logo or trademarks to market or identify any of your products or services, unless you are party to a separate agreement giving you such rights, (b) indemnify, hold harmless, and defend OEM Partnership Ltd from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of modified samples or from your value-added products and services, (c) include a valid copyright notice on the modified samples and value-added products and services that include redistributable components, (d) do not permit further redistribution of the redistributable components by third parties except as part of your value-added products and services, and (e) otherwise comply with the terms of this EULA.
1.4 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any OEM Partnership Ltd Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP. OEM Partnership Ltd reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. OEM Partnership Ltd or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed for use over a specific duration, not sold. This EULA does not grant you any rights to trademarks or service marks of OEM Partnership Ltd.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by this EULA or applicable law notwithstanding this limitation.
5. NO RENTAL. You may not rent, lease, lend or provide other commercial services with the Software.
6. CONSENT TO USE OF DATA. You agree that OEM Partnership Ltd and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. OEM Partnership Ltd may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. OEM Partnership Ltd is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. OEM Partnership Ltd is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by OEM Partnership Ltd of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that OEM Partnership Ltd may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. OEM Partnership Ltd reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is not subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software.
10. TERMINATION. Without prejudice to any other rights, OEM Partnership Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
11. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
OEM Partnership Ltd warrants that the Software will perform substantially in accordance with the accompanying materials for a period of Ten (10) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (TEN DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE TEN-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ten day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by OEM Partnership Ltd, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet OEM Partnership Ltd's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty.
This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. OEM Partnership Ltd's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at OEM Partnership Ltd's option from time to time exercised subject to applicable law, (a) return of 10% of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to OEM Partnership Ltd with a copy of your receipt. You will receive the remedy elected by OEM Partnership Ltd without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to OEM Partnership Ltd).
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or five (5) days, whichever is longer, and OEM Partnership Ltd will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with OEM Partnership Ltd's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by OEM Partnership Ltd are available without proof of purchase from an authorized international source. To exercise your remedy, contact: OEM Partnership Ltd, Attn. OEM Partnership Ltd Sales ++44 07074 835636, or the OEM Partnership Ltd subsidiary serving your country.
12. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, OEM Partnership Ltd and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OEM PARTNERSHIP LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF OEM PARTNERSHIP LTD OR ANY SUPPLIER, AND EVEN IF OEM PARTNERSHIP LTD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of OEM Partnership Ltd and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by OEM Partnership Ltd with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount of 10% of the price actually paid by you for the Software or UK£5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. U.S. GOVERNMENT LICENSE RIGHTS. No Software is provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995.
16. APPLICABLE LAW. In respect of any dispute which may arise hereunder, you consent to the jurisdiction of British Law.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and OEM Partnership Ltd relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any OEM Partnership Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.