END-USER LICENSE AGREEMENT FOR ScrollTag Main Program. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: ScrollTag End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ScrollTag for the ScrollTag software product(s) identified above which may include associated software components, media, databases and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and ScrollTag, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
ScrollTag grants you the non-exclusive right to install and use copies of the SOFTWARE PRODUCT on your computers, as designated in Section 7, running validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed.
(b) Backup Copies.
You may also make backup copies of the SOFTWARE PRODUCT as may be necessary as long as those copies are used solely for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute copies of the SOFTWARE PRODUCT to third parties except as designated in Section 7.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, disassemble, or create derivative works of the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, lend or transfer the SOFTWARE PRODUCT or any rights granted by this license without prior written consent of ScrollTag except as provided in Section 8.
(e) Support Services.
ScrollTag may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code, upgrades, databases, or media provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, ScrollTag 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 PRODUCT in your possession.
All title and intellectual property rights, including but not limited to copyrights and intellectual property rights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ScrollTag. All title and intellectual property rights in and to the content which may be accessed or created through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by ScrollTag.
5. NO WARRANTIES
ScrollTag expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. ScrollTag does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. ScrollTag makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. ScrollTag further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall ScrollTag be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if ScrollTag has been advised of the possibility of such damages. In no event will ScrollTag be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ScrollTag shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. DISTRIBUTION OF SOFTWARE PRODUCT
(a) Right to Distribute.
ScrollTag may be copied to the computers owned and operated by members of a single household. A household is defined as a single nuclear family (consisting of parents and children) who are legally or physically related to one another and who are living together in a single dwelling. However, each licensed copy of ScrollTag is subject to an unlock limit of six unlocks, which is the maximum number of new installations of ScrollTag that are allowed. Every member of the household may each create and use only a single user account in ScrollTag. The only exception to this limitation is that a single individual who has purchased ScrollTag and uses it exclusively for themself may have as many user accounts for themself as they would like on as many computers as they wish. The user account for each member of the household may be copied or synced to or from each of the computers owned by the members of the household. However, people who are not members of that household may not create, operate, or have a user account for their own use. There is no restriction on people who are not members of the household using ScrollTag with one of the user accounts of members of the household so long as they don't have an account for their own use.
(b) Use Cases.
Several use cases will hopefully carify what is allowed and what is not allowed.
Case 1) A father could purchase and install ScrollTag on his home computer, his laptop, his wife's computer, and his son and daughter's computers if they are all living together. Each of these family members could create a single user account for their own use, which can be copied to or from each of these computers.
Case 2) Two brothers that don't live together anymore would need to either purchase separate copies of ScrollTag to be installed and used on their own computers, OR they could install ScrollTag on the computer(s) of only one of the brothers and share a single user account.
Case 3) Multiple roommates all sharing a house together (if not legally or physically related as brothers or sisters) would each need to purchase their own copy of ScrollTag if they each want their own user account OR if they only want to purchase a single copy of ScrollTag, the roommate who purchased ScrollTag could install ScrollTag on all of his own computers and all the other roommates must share his single user account.
In no case is it allowable for people who are not members of the household who has purchased the license to have an account for their own exclusive use, even if installed on a computer owned by a household member. So an owner of ScrollTag could not install ScrollTag on a computers that he doesn't use so that non-members could use his account on that computer. Note also that you are only allowed a limited number of unlocks (six), so be sparing with how many computers you install ScrollTag on. Please remember that much work has gone into making ScrollTag affordable, and that a per household license is more generous than almost all software licenses, so please honor the license and do not violate copyright law. If you have any questions about any particular situation or use of the software, please feel free to ask!
8. TRANSFER OF RIGHTS
You may not transfer rights or obligations under this License Agreement to another individual (the "Transferee") unless: a) you transfer all of your rights and obligations to the Transferee who has agreed to be bound by all the terms and conditions of this License Agreement as if the Transferee had originally been bound by this License Agreement, and b) you transfer all of the SOFTWARE PRODUCT licensed under this License Agreement, including any software, databases, documentation, and backup copies, to the Transferee. This Agreement shall inure to the benefit of, and be enforceable by, any successors, transferees and assigns of ScrollTag.
Copyright 2010 ScrollTag