Visual Typewriter 1.5

EULA - End User License Agreement

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Nolad for Visual Typewriter, which includes computer software in one of three forms: REGISTERED, UNREGISTERED ("Shareware") or BETA and include associated media, electronic documentation, and Internet-based services ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

1. GRANT OF LICENSE - REGISTERED PRODUCT.

Provided that you comply with all terms and conditions of this EULA, Nolad grants you a personal, non-exclusive, non-transferable royalty-free license to install and use the REGISTERED Software on single computer for your personal use. To register the Software, you will recieve the Software activation license key. YOU ARE EXPLICITLY PROHIBITED FROM DISCLOSING YOUR LICENSE KEY TO ANYONE. YOU MAY NOT PUBLISH, TRANSFER, LOAN OR RESELL YOUR LICENSE KEY.

2. GRANT OF LICENSE - UNREGISTERED PRODUCT.

Provided that you comply with all terms and conditions of this EULA, Nolad grants you a nonpersonal, nonexclusive, royalty-free license to install and use the UNREGISTERED Software on any number of computers.

3. GRANT OF LICENSE - BETA.

Provided that you comply with all terms and conditions of this EULA, Nolad grants you a personal, nonexclusive, royalty-free license to install and use the BETA Software on single computer for testing and evaluation. To activate the Software, you will recieve a beta key. YOU ARE EXPLICITLY PROHIBITED FROM DISCLOSING YOUR BETA KEY TO ANYONE. YOU MAY NOT PUBLISH, TRANSFER, LOAN OR SELL YOUR BETA KEY.

4. SHAREWARE DISTRIBUTION.

Provided that you comply with all terms and conditions of this EULA, Nolad grants you a right to freely distribute the original installation of the UNREGISTERED Software. YOU MAY NOT COPY OR DISTRIBUTE THE PRODUCT IN ANY FORM OTHER THAN THE ORIGINAL INSTALLATION FILE. YOU MAY INCLUDE THE UNREGISTED SOFTWARE IN ITS ORIGINAL INSTALLATION FORM, IN A SHAREWARE COMPILATION, PROVIDED YOU CLEARLY STATE THAT YOU ARE NOT LICENSING THE SOFTWARE. YOU MUST ACCOMPANY SUCH COMPILATION WITH A COPY OF THIS EULA.

5. COPYRIGHTS, RESERVATION OF RIGHTS AND OWNERSHIP.

The Software is protected by copyright and other intellectual property laws and treaties. Nolad reserves all rights not expressly granted to you in this EULA. Nolad or its distributors own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the Software. IT IS PROHIBITED TO REVERSE ENGINEER THE LICENSE PROTECTION EMBEDDED IN THE SOFTWARE.

7. TERMINATION.

Without prejudice to any other rights, Nolad 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.

8. DISCLAIMER OF WARRANTIES.

NOLAD AND ITS DISTRIBUTORS PROVIDE THE SOFTWARE AND SUPPORT SERVICES 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 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 POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

IN NO EVENT SHALL NOLAD OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR 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, INFORMATION, 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 NOLAD OR ANY SUPPLIER, AND EVEN IF NOLAD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY.

IN NO EVENT SHALL NOLAD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF NOLAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, NOLAD'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$5.00 OR LICENSE FEE PAID BY YOU.

11. APPLICABLE LAW.

This EULA is governed by the laws of the State of Israel.

This EULA is the entire agreement between you and Nolad relating to the Software.
Nolad reserves the right to change this EULA from time to time without notice.

Last updated by NOLAD LLC, December 2004.
Effective December 2004.
Copyright(c) 2002-2007 NOLAD LLC, All rights reserved.