» version 3.1 - posted on 2007-04-10
New program interface, added agent mode, added support of Win98...
EULA - End User License Agreement
For the customers in any country and/or territory throughout the world the following terms shall apply:
YOU SHOULD CAREFULLY READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE USING THIS SOFTWARE (Name: Image Box, Number of license: One).
END-USER LICENSE AGREEMENT
This End-User License Agreement ("Agreement") is a legal agreement between you and Egeria group ("EGERIA group"). This Agreement covers the Image Box. By installing, copying or otherwise using the Image Box, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, EGERIA group is unwilling to license its software to you. In such event, you should not install, copy or use the Image Box.
Article 1. IMAGE BOX LICENSE
The Image Box is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Image Box is licensed, not sold. This license is used only for the given version of the software, if the terms are changed for the following versions of the software, you can''t use the given terms with the following software versions.
Article 2. GRANT OF LICENSE
EGERIA group grants you a non-exclusive license, with no right to grant sub-licenses. You will not have the right to distribute, give this product to other persons or lease it. According to this license you can use Image Box on your personal computer only. You can use unregistered copies of the software during 30 days only to get familiar with the software. The registration of the software will give you right to use the software after 30 days test term, to get the technical support, and to use the options, available for the registered users only. After 30 days you must either register this software or stop using it.
Article 3. DESCRIPTION OF REQUIREMENTS, RESTRICTIONS, RIGHTS AND LIMITATIONS
1. One registration key - single computer. One registration key allows you to use Image Box on one personal computer only.
2. Storing and network distribution. You are allowed to distribute Image Box freely, but you are not allowed to give your registration data and keys to the other users.
3. Rental. You may not sell, rent or lease the Image Box to any third party.
4. Violation of the Title, Copyright or Other Rights. You may not prejudice or violate the title, copyrights or other rights of EGERIA group and/or third parties by using the Image Box.
5. Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile or disassemble the Image Box in whole or in part.
6. Accessed Content. All content accessed through the Image Box are the property of the applicable content owners and except as specifically set forth herein, this license gives you no right to such content.
7. Separation of Components. The Image Box is licensed as a single product. Its component parts may not be separated for use on more than one computer.
8. Software Transfer. You may not transfer all or a portion of your rights under this Agreement to any third party without obtaining prior written consent of EGERIA group.
Article 4. SAMPLES DATA
Notwithstanding the provisions of Articles 3.1 and 3.7 hereinabove, EGERIA group hereby authorized you, on a non-exclusive basis, to copy sample music, sample movies and sample images which are contained in the Image Box, and incorporate the same into the content and/or data which may be created by you for non-commercial purpose.
Article 5. COPYRIGHT
All title to and copyrights in the Image Box (including, but not limited to, any images, photographs, animation, video, audio, music, text and "applets", incorporated into the Image Box), and any copies of the Image Box, are owned by EGERIA group and/or the original right holder who grants EGERIA group to use, distribute and license certain part of the Image Box ("Licensor"). All rights not specifically granted under this Agreement are reserved by EGERIA group and Licensor.
Article 6. EXCLUSION OF WARRANTY ON THE IMAGE BOX
You expressly acknowledge and agree that use of the Image Box is at your sole risk. THE IMAGE BOX IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND EGERIA GROUP AND LICENSOR EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EGERIA GROUP AND LICENSOR DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE IMAGE BOX WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE IMAGE BOX WILL BE UNINTERRUPTED OR CORRECT. FURTHERMORE, EGERIA GROUP AND LICENSOR DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE IMAGE BOX IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EGERIA GROUP, A EGERIA GROUP AUTHORIZED REPRESENTATIVE OR LICENSOR SHALL CREATE A WARRANTY. SHOULD THE IMAGE BOX PROVE DEFECTIVE, YOU (AND NOT EGERIA GROUP, A EGERIA GROUP AUTHORIZED REPRESENTATIVE OR LICENSOR) 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.
Article 7. LIMITATION OF LIABILITY
EGERIA GROUP AND LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE IMAGE BOX. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF ANY EQUIPMENT, DOWN TIME AND USER''S TIME, EVEN IF EGERIA GROUP AND/OR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ENTIRE LIABILITY OF EGERIA GROUP AND LICENSOR UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE IMAGE BOX. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIVE OR LIMITATION OF DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Article 8. DAMAGES ARISING OUT OF YOUR ACTIONS
You will defend and hold EGERIA group and Licensor harmless from against all liabilities, demands, damages, costs, expense and losses arising out of the use of the Image Box and/or breach of any of the provisions of this Agreement by you.
Article 9. TERMINATION
1. You may terminate this Agreement at any time by stop using the Image Box.
2. Without prejudice to any other rights, EGERIA group may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
3. In case of termination of this Agreement, you shall remove the Image Box from your personal computer and destroy all copies of the Image Box, and if requested by EGERIA group, submit to EGERIA group a proof of the destruction thereof.
4. The provisions of Article 5 through 12 of this Agreement shall survive the termination of this Agreement.
Article 10. SEVERABILITY
If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid to the extent as permissible by law.
Article 11. GOVERNING LAW
1. This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of Russian Federation.
2. YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT.
Article 12. LAW COMPLIANCE
You agree to comply with all applicable internal and national laws and regulations, and international treaties that apply to the Image Box, and any other applicable export regulation of other countries. In addition to the terms provided in this Agreement, EGERIA group may take appropriate measures to protect copyright of the Image Box.
Article 13. GENERAL
This Agreement shall be binding upon the parties'' authorized successor and assignees. Neither party''s waiver of any breach of failure to enforce any of the provisions of this Agreement at any time shall in any way affect, limit or waive such party''s right thereafter to enforce and compel strict compliance with every other provision. No modification of this Agreement shall be effective unless in writing signed by both parties.
(C) 2005-2007 EGERIA group. All rights reserved.