LICENSE AGREEMENT
Please read the following license agreement.
Light Image Resizer for Windows 2000/XP/Vista/Windows Seven
Light Image Resizer END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Image Resizer End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ObviousIdea for the Light Image Resizer which includes computer software and may include “online” or electronic documentation (“SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE.
1. DEFINITIONS
The definition of terms set forth in this Section, shall apply when such terms are used in this Agreement, and any amendments hereto:
IMPROVEMENTS: shall mean correction of any faults. These faults are in fact very complex and may be impossible to correct within the current state of the art. It is not therefore possible for ObviousIdea to promise any systematic corrections. ObviousIdea undertakes to note all desirable improvements and to produce new versions improving when possible extraction faults which have been established.
SPECIFICATIONS : shall mean the functional performance parameters of the Licensed Program effective on the date of this Agreement.
BUGS : shall mean all serious defects preventing the normal utilisation of the computer engine, for instance, writing a CD which will cause the system to hang.
Correction of a bug leads to updating the Licensed Program.
2. SOFTWARE LICENSE.
Subject to the provisions contained herein, ObviousIdea grants you a non-exclusive, non transferable license to use the object code version of the Software free of charge, including a pop up message as a trial version. If you wish to use this software without the pop up message, a registration fee is required as described in the registration form. An activation key will be provided after registration to activate the full registered version. This key is strictly personal and you may in no case transfer, forward, or otherwise publicize it. Unregistered use of Image Resizer after the evaluation period or duplication of the registration key is in violation of international copyright laws and you shall be held responsible.
ObviousIdea grants to you a non-exclusive, non-transferable, revocable licence to:
(a) install and execute the Software (one user only, may be installed on a laptop and a PC for personal use only);
(b) make one copy of the Software for backup purposes only, provided any copy must contain all of the original Software’s proprietary notices.; and
(c) use the Software strictly in accordance with the provisions of this Agreement.
You acknowledge that ObviousIdea may offer to update the Software but it is not obliged to do so unless you have purchased a subscription that entitles you to updates for a specified period. If no subscription period is specified at the time you purchase a subscription, the subscription period will be one (1) year from the date you either first purchased or first installed the Software (whichever occurred first). Should you wish to receive information about updates please view ObviousIdea website on a regular basis at www.obviousidea.com
If you have purchased a subscription that entitles you to updates, you acknowledge that after the specified subscription period or maintenance period has expired, you have no further right to receive any updates without the purchase of a new licence. You also acknowledge that ObviousIdea may limit the functionality of the Software upon the expiry of any licence period unless you purchase a new licence
Licence Fee
Where a licence fee is payable by you in respect of the Software, you are not entitled to use the Software until the licence fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorised by the billing provider.
If you are downloading a free trial version of the Software, you may use it on one or more computers for an unlimited period of time (subject to any time and/or functionality restrictions that may be incorporated into the trial version). However, you are not entitled to receive technical support nor the full functionality that comes with the Software until a licence fee has been paid.
3. LIMITATIONS.
You may not (1) permit other individuals to use the Software except under the terms listed above; (2) copy the Software other than as specified above; (3) publish or provide any results of benchmark tests run on the Software to a third party without ObviousIdea ‘s prior written consent; (4) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or (5) remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software; and (6) sell, license, sublicense, rent or otherwise transfer the Software. Any person selling the software on auction websites or websites selling second hand goods like “ebay” (www.ebay.com and its other sites worldwide) will be subject to prosecution.
4. TITLE.
Title and ownership of all proprietary rights in the Software, including any copyright, patent, trade secret, trademark, trade name or other intellectual property right, will at all times remain the property of ObviousIdea. You agree not to remove or obliterate any copyright, trademark or proprietary rights notices of ObviousIdea from the Software. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
5. LIMITED WARRANTY AND LIABILITY
During the trial period, ObviousIdea shall not be liable under any theory or for any damages suffered by you or any user. The entire risk as to the quality and performance of the software is borne by you. Should the software prove defective, you and not ObviousIdea assume the entire cost of any service and repair. In addition, the security mechanisms implemented by ObviousIdea have inherent limitations and you must determine that the software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this agreement.
You hereby acknowledge that the Software may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by ObviousIdea. But, ObviousIdea shall make its best efforts to correct any bugs revealed by licensee in a reasonable time.
If the Software is a beta version, you acknowledge and agree that (i) the Software may contain errors and defects and may not function as intended or in accordance with its specifications; and (ii) you assume all risk in using the Software and agree to take due care in the installation, execution and testing of the Software on your computer system.
ObviousIdea accepts no responsibility in case some files were not accepted by the software. ObviousIdea also cannot be held responsible for the nature or source of the files used with the software.
You agree that you will not execute or install the Software on any operating system other than a Compatible operating system. You acknowledge and agree that the Software may not execute correctly and may interfere with other software if executed on an operating system which is not a Compatible OS
6. TERMINATION.
This License will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the software. The obligations of you and ObviousIdea under Sections 3 (“Title”), 4 (“Limited Warranty and Liability”), 5 (“Termination”) and 7(“General Provisions”) hereof will survive termination of this EULA and will continue in full force and effect thereafter.
7. EXPORT CONTROL
You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying (=fundamental) information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the US has embargoed goods; or (ii) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Denial Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
8. AMENDING THESE TERMS
ObviousIdea may amend any of the terms of this Agreement by (a) providing written notice to you of such amendments; and/or (b) displaying such amendments or an amended copy of this Agreement to you during your installation and/or execution of the Software. Without limiting the methods by which you may accept such amended terms, you acknowledge and agree that your ongoing use of the Software after you are made aware of any amended terms to this Agreement will constitute your acceptance of such amended terms.
If you do not agree to any amendments made by ObviousIdea to the terms of this Agreement, then you must uninstall the Software from your computer and cease any further use of the Software.
9. GENERAL PROVISIONS.
This License is personal to you and you agree not to assign your rights in this agreement.
This EULA is governed by French laws. Any disputes, claims or controversies between the parties which arise in connection with this agreement shall be finally settled by the French Courts.
If any provision of this EULA is held invalid or unenforceable for any reason, the parties agree that such invalidity will not affect the validity of the remaining provisions of this EULA, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.
This EULA constitutes the entire agreement between you and ObviousIdea and supersedes any prior agreement, whether oral or written, relating to the subject matter of this EULA.
10. UNINSTALL
If you wish to uninstall the software, click on “Run” “Uninstall”
Should you have any questions concerning this EULA, please write to [email protected]
11. REFUND policy
By accepting this EULA, you accept the terms and agreements of our refund policy, detailed here:
Do you accept all of the terms of the preceding License Agreement? If you choose No, install will close. To install you must accept this agreement.