Word Search Wizard 1.35

EULA - End User License Agreement

WORD SEARCH WIZARD END USER LICENCE AGREEMENT (EULA)

IMPORTANT - PLEASE READ CAREFULLY. This EULA is a legal agreement between you and Sirkit Software, for the use of the software product identified above. By selecting the accepting option, or by installing, or otherwise using the software, you agree you have read the terms of this licence and agree to be legally bound by them. If you are evaluating or purchasing the product for use by a school, college or any other public body, you represent that you have the necessary authority to enter into this agreement on their behalf. If you do not agree to all the terms, select the rejecting option and do not install or use this software.

THE SOFTWARE IS LICENSED NOT SOLD. This agreement only gives you some rights to use the software product. Sirkit Software reserves any and all rights not expressly granted to you.
NON-BINDING SUMMARY
This summary section is provided only as a overview to the terms of the licence below, but does NOT contain any of the legally binding agreement terms.

The evaluation licence is only for evaluating the software; you must stop using it after the evaluation period has ended.
1. The software can only be used for personal use and not for any form of commercial use.
2. All ownership rights remain that of Sirkit Software.
3. The software is supplied 'as is' and Sirkit gives no express warranty as to the suitability or fitness for purpose of the software.
4. Sirkit's liability for damages under any implied warranty is limited.
5. This agreement is governed by English law and the English Courts will have jurisdiction over it.

YOUR ATTENTION IS PARTICULARLY DRAWN TO PARAGRAPHS 3 AND 4 BELOW.
A copy of this document can be reviewed and printed at 'www.wordsearchwizard.com/standardlicence2009', or you can copy and paste it to print it now.
(The non-binding summary section ends here.)
DEFINITIONS
Definition of 'Software': the terms of this agreement cover the software product licensed to you, including related documentation, related databases, any updates, upgrades, software patches or software additions of any type to the product - this is collectively referred to as the 'Software' in the terms below.
Definition of 'Puzzle Images': the software product creates word search puzzles, the images of these either printed on paper, physically copied by hand, photocopied, photographed, displayed on a screen, recorded or stored in any form on any electronic device or computer, are collectively referred to as 'Puzzle Images' in the terms below.
Definition of 'Sirkit': the creator and publisher of the software product is 'Sirkit Software' and its associates, they are collectively referred to as 'Sirkit' in the terms below.
OTHER EULA AGREEMENTS AVAILABLE
This agreement includes the terms for both the evaluation licence and single user licence for the Software.
This agreement does not cover use of the Software for commercial use, of any form or type; a separate COMMERCIAL PUBLICATION LICENCE must be obtained for this purpose, or specific written permission given, both only available from Sirkit.
This agreement does not cover use of the Software on a computer network or sever, a separate NETWORK LICENCE must be obtained for this purpose, which is available exclusively from Sirkit.
EVALUATION LICENCE

An Evaluation Licence is applicable when you install, load or use an evaluation version, trial version, or demonstration version of the Software or you are granted a time limited, non-exclusive and non-transferable licence. The Software is licensed to you for the sole purpose of evaluating the Software and only for a specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to you. After the specified time period, you must either purchase the Software licence from Sirkit or its reseller, or stop using the Software and destroy all copies of the software. If you purchase the Software before the expiration of the evaluation time and register the Software, you have a valid licence and you do not need to destroy the Software. Sirkit shall have no obligation to provide support or maintenance services for Evaluation Licences. The Evaluation Licence is also subject to the terms and restrictions set out below for a single user licence. Sirkit reserves any and all rights not expressly granted to you.
SINGLE USER LICENCE

1. USE OF THE SOFTWARE
Permissions:
A) You may install and use one (1) copy of the Software on a single computer, for each single user licence you have purchased.
B) You may create two (2) copies of the Software for installation and backup purposes only.
C) You may extend the number of licences by purchasing additional licences.
D) You may use the Puzzle Images for personal and non-commercial use only.
E) You may transfer your licence on a permanent basis provided you fully cease to use both the Software and Puzzle Images, transfer the Software and all associated printed materials, and you retain no copies, and the recipient agrees to all of the terms of this EULA.
Restrictions:
F) You may not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
G) You may not use the software for any illegal purpose, or to create scandalous, defamatory, obscene or immoral works.
H) You may not sell, rent, lease, lend or otherwise redistribute the Software in any form, with the single exception of an original and completely unaltered copy of the evaluation version of the software product - which must only be redistributed free from any fee or charge of any form.
I) You may not sell, rent, lease, lend or otherwise redistribute derivative works based upon the Software.
J) You may neither place more than 30 Puzzle Images on a website, or in a publication of any type, at any one time, nor place more than 365 Puzzle Images on a website, or publication of any type, over any period of a single year. This restriction is independent of the number of licences you have, and can only be increased with the written consent of Sirkit.
K) You may not publish Puzzle Images in publication with a cover price, whether the payment of the price is enforced or not, a publication with a subscription fee, or a publication that contains paid for advertisements.
L) You may not use the Puzzle Images for any commercial purpose. You may not sell, rent, lease, lend or charge a fee for Puzzle Images.

2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge the Software is completely and fully owned by Sirkit, and its structure, organisation, data and code are the valuable trade secrets of Sirkit and its associates. You acknowledge the Software is protected by United Kingdom Copyright Law, International Copyright, and International Treaty provisions. You acknowledge the word lists supplied within the Software are completely and fully owned by Sirkit. You acknowledge this agreement does not grant you any intellectual property rights or ownership rights in the Software, or the right to use the title, trademarks, or logos of the Software.

3. NO WARRANTY
The Software is being delivered to you 'AS IS' and Sirkit makes no express warranty as to its use or performance. Sirkit may, but is not required to, provide you with support or maintenance related to your usage of the software. SIRKIT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.

4. LIMITATION OF LIABILITY
IN NO EVENT WILL SIRKIT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS, SAVINGS, DATA, TIME, COMPUTER HARDWARE OR COMPUTER SOFTWARE, EVEN IF A SIRKIT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN ANY EVENT YOU ACKNOWLEDGE OUR MAXIMUM LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

5. GOVERNING LAW AND GENERAL PROVISIONS
This Agreement will be governed by the laws of England, excluding the application of its conflicts of law rules. The courts of England shall have the exclusive jurisdiction and venue to adjudicate any disputes arising out of these terms. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect 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 to any third party (excepting either the evaluation version - see section 1.H above, or a full transfer of the licence - see section 1.E above). This Agreement shall automatically terminate, without notice, if you are in breach of any of its terms and conditions, and you shall not be entitled to a refund from Sirkit or any of its resellers. In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by Sirkit shall prevail. If you are not satisfied with the product, or find the agreement terms unacceptable, return the product within 14 days of buying it from Sirkit for a full refund - you may be required to supply proof of purchase and a removal code to show the product no longer works on your computer.
Proprietor: Stephen West, Sirkit Software, West Hill House, Blakedown Road, Halesowen, West Midlands, B63 4NQ, England.
All rights reserved. Copyright ©2009 Sirkit Software.