End User License Agreement ("EULA")
Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with Arvades.
SOFTWARE LICENSE AND LIMITED WARRANTY
This is an agreement between you, the end user, and Arvades ("Arvades"). By using this software, you agree to become bound by the terms of this agreement.
If you agree to abide by these conditions, please click "I accept the agreement". IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND PLEASE PROMPTLY REMOVE IT FROM YOUR COMPUTER.
GRANT OF LICENSE
Arvades, as licensor, grants to you, the licensee, a non-exclusive right to install Stamp Album Studio (hereinafter the "SOFTWARE") on one computer and use the SOFTWARE in accordance with the terms contained in this license. You may not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decomplie, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the Software. You may also not reproduce the SOFTWARE unless for backup purpose and limited to one copy only. Except for the Software marked "Not for Resale" or the like, you may transfer the Software on a permanent basis to another person or entity accompanying the Documentation and the license agreement, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement. Such transfer will cause an automatic termination of this Agreement between you and Arvades.
OWNERSHIP OF SOFTWARE
Arvades retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
USE OF PICTURES LICENSED BY THIRD PARTIES
You may use pictures, if any, provided in the SOFTWARE, which may be licensed from third parties, to demonstrate or complete your work created by the use of the SOFTWARE; provided that you should not use the pictures in any illegal or immoral manners, nor shall you grant your right to use to any third party. Arvades does not provide any warranty or representation to these third-party works.
Arvades warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is defect in the media, Arvades's sole liability shall be to replace the defective media which has been returned to Arvades or the supplier with your dated invoice and is shown to be defective. In the event that Arvades is unable to replace defective media, Arvades shall at its sole discretion either refund your money upon your termination of this license or replace with the newer version of the same software.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, Arvades DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT Arvades OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
Arvades DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY Arvades, ON THIS Arvades PRODUCT. Arvades DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Arvades, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER Arvades NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF Arvades HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will Arvades's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
Upon termination of this Agreement, you should destroy the Software and the Documentation and all the copies thereof and remove and delete the Software from your hard-disk or other storage device.
This agreement constitutes the entire agreement between you and Arvades. This agreement shall be governed and construed in accordance with the laws of the Netherlands and shall benefit Arvades, its successors and assigns.
Any claim or dispute between you and Arvades or against any agent, employee, successor or assign of Arvades, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved pursuant to the Dutch Arbitration Act.
This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the Dutch version, the Dutch version will prevail.
Copyright © 2007, Arvades