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SOFTWARE LICENSE AGREEMENT for "Webcam Simulator". IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
"Webcam Simulator" IS WILLING TO LICENSE THE
SOFTWARE TO YOU AS THE INDIVIDUAL, THE
COMPANY, OR THE LEGAL ENTITY THAT WILL BE
UTILIZING THE SOFTWARE (REFERENCED BELOW AS
“YOU OR YOUR”) ONLY ON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE
AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE
CONTRACT BETWEEN YOU AND Webcam Simulator. 1. LICENSE. The software which
accompanies this license (collectively the "Software") is the property of Webcam
Simulator or its licensors and is protected by copyright law. While
Webcam Simulator continues to own the Software, You will have certain rights to
use the Software after your acceptance of this license. This license governs
any releases, revisions, or enhancements to the Software that
Webcam Simulator may furnish to You. Except as may be modified by a
Webcam Simulator license
certificate, license coupon, or license key (each a “License Module”) which
accompanies, precedes, or follows this license, Your rights and obligations
with respect to the use of this Software are as follows:
You may:
A. Use one copy of the Software on all the machines under your personal use..
B. make one copy of the Software for archival purposes, or copy the Software
onto the hard disk of Your computer and retain the original for archival
purposes;
C. After written notice to Web Solution Mart, transfer the Software on a
permanent basis to another person or entity, provided that You retain no copies
of the Software and the transferee agrees to the terms of this license; and
D. use the Software in accordance with any additional permitted uses set forth
below.
E. You can obtain up to 3 replacement
keys can be issues if you want to install it
on another machine under your personal use
or formatting the operating system on the
existing machine.
You may not:
A. sublicense, rent or lease any portion of the Software; reverse engineer,
decompile, disassemble, modify, translate, make any attempt to discover the
source code of the Software, or create derivative works from the Software;
B. use a previous version or copy of the Software after You have received a disk
replacement set or an upgraded version. Upon upgrading the Software, all copies
of the prior version must be destroyed;
C. use a later version of the Software than is provided herewith unless You have
purchased upgrade insurance or have otherwise separately acquired the right to
use such later version;
D. use the Software in any manner not authorized by this license;
2. DISCLAIMER OF WARRANTY. Webcam
Simulator DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE
THAT YOU HAD FULL OPPORTUNITY TO TEST [Webcam Simulator] or [Webcam and Screen
Recorder] BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL
RESPONSIBILITY FOR SELECTING AND USING [Webcam Simulator] or [Webcam and Screen
Recorder] AND DISTRIBUTING FILES CREATED THROUGH USE OF [Webcam Simulator] or
[Webcam and Screen Recorder], AND THAT IF YOU USE [Webcam Simulator] or [Webcam and
Screen Recorder] IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO
YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF [Webcam Simulator] or [Webcam and Screen Recorder] IS BORNE BY YOU.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
Some jurisdictions do not allow exclusions of an implied warranty, so this
disclaimer may not apply to you and you may have other legal rights that vary
by jurisdiction.
3. LIMITATION OF LIABILITY. IN NO EVENT SHALL Web Solution Mart, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WHATSOEVER RELATING TO THE USE OF [Webcam Simulator] or [Webcam and Screen
Recorder], FILES CREATED USING [Webcam Simulator] or [Webcam and Screen Recorder],
OR YOUR RELATIONSHIP WITH Web Solution Mart. Some jurisdictions do not allow
exclusion or limitation of liability for incidental or consequential damages,
therefore the above limitation may not apply to you.
4. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S.
Government is subject to the restrictions set forth in subparagraphs (a)
through (d) of the Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, or at
252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
5. TITLE. Webcam Simulator or its licensors own the [Webcam Simulator] or [Webcam
and Screen Recorder] software, all other materials in this [Webcam Simulator] or
[Webcam and Screen Recorder] Original Distribution Package, the PAD File
Format, and the names and marks Web Solution Mart, [Webcam Simulator] or [Webcam and
Screen Recorder], under the copyright, trademark, and trade secret laws and all
other laws that may apply.
6. TERMINATION. The license will terminate automatically if you fail to comply
with any of the limitations, conditions or obligations described herein. On
termination, you must destroy all copies of the [Webcam Simulator] or [Webcam and
Screen Recorder] software and all other materials in this [Webcam Simulator] or
[Webcam and Screen Recorder] Original Distribution Package and, at Web Solution
Mart's sole discretion, any or all of the files created by you using [Fake
Webcam] or [Webcam and Screen Recorder] and distributed to others.
7. GENERAL. This Agreement constitutes the entire Agreement between the parties
with respect to the subject matter herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written or oral
between you and Web Solution Mart. Waiver by
Webcam Simulator of any violation
of any provision of this Agreement shall not be deemed to waive any further or
future violation of the same or any other provision. This Agreement and any
dispute relating to [Webcam Simulator] or [Webcam and Screen Recorder] or to this
Agreement shall be governed by the laws of the Canad and laws of province of
Ontario. You agree and consent that jurisdiction and proper venue for all
claims, actions and proceedings of any kind relating to
Webcam Simulator or
the matters in this Agreement shall be exclusively in courts located in
Ontario. If any part or provision of this Agreement is held to be unenforceable
for any purpose, including but not limited to public policy grounds, then you
agree that the remainder of the Agreement shall be fully enforceable as if the
unenforceable part or provision never existed. There are no third party
beneficiaries of any promises, obligations or representations made by
Webcam Simulator herein.
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