» version 3.0 - posted on 2004-03-22
END-USER LICENSE AGREEMENT FOR ColorSwap The application produced by plexityHide.com that will help you easily change colors to choosen
objects in a picture.
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE. THE PURCHASE OF A SOFTWARE KEY (REGISTRATION CODE)
IS REQUIRED FOR ONGOING USE OF THE SOFTWARE AFTER THE TRIAL PERIOD. THIS SINGLE END-USER LICENSE AGREEMENT GOVERNS THE TRIAL USE AND,
UPON ITS PURCHASE, ONGOING USE OF THE SOFTWARE.
1. Grant of License for Registered Users
PlexityHide, HB. grants you a non-exclusive, non-transferable license to use the program with which this license is distributed, which
is known as ColorSwap, Version 2.0, (the "Software"), including any documentation files accompanying the Software ("Documentation") on a
single server (if the Software is server based) or personal computer to support one user and to make one backup copy of the Software,
provided that: (i) only one user at a time can use the Software, (ii) the Software is installed on only one server or personal computer;
(iii) the Software is NOT modified; (iv) all copyright notices are maintained on the Software; and (v) you agree to be bound by the
terms of this License Agreement. Licenses that enable you to license the Software for multiple users may be purchased separately from
PlexityHide, HB. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not
in the operation of a service bureau or for the benefit of any other person or entity.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains
in full force and effect. Such license shall include updates to the Software and Documentation (i.e., ColorSwap 2.x, and so forth).
This license shall not extend to new versions of the Software (i.e., ColorSwap 3.0, 4.0, and so forth) and use of such new versions if
desired will require purchase of that new version. Ownership of the Software, Documentation and all intellectual property rights
therein shall remain at all times with PlexityHide, HB. Any other use of the Software by any person, business, corporation, government
organization or any other entity is strictly forbidden and is a violation of this License Agreement.
The Software and Documentation contain material that is protected by EU copyright law and trade secret law, and by international treaty
provisions. All rights not granted to you herein are expressly reserved by PlexityHide, HB. You may not remove any proprietary notice
of PlexityHide, HB. from any copy of the Software or Documentation.
You may not use the software for development on more machines than you have license for. If you have SourceCode license you may not
create derivative works based on the SourceCode that will conflict with plexityHide business. You may not publish the source code to
anyone that cannot be considered to be your employee.
For none SourceCode license holders: You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall
you attempt to create the source code from the object code for the Software.
You acknowledge that the Software contains proprietary trade secrets of PlexityHide, HB and you hereby agree to maintain the
confidentiality of the Software using at least as great a degree of effort as you use to maintain the confidentiality of your own most
confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those
persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such
terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the program for the
purpose of deriving the source code of the Program or defeating the Software Key (Registration Code).
6. Limited Warranty
(a) Licensee Responsible for Installation and Use
You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use, and results
obtained from the Software.
(b) Year 2000 Compliance
The Software, when used in accordance with its associated Documentation, will be capable upon installation of accurately processing,
providing and/or receiving date data from, into, and between the twentieth and twenty-first centuries, including the years 1999 and
2000, and leap year calculations, provided that all other products (e.g., hardware, software and firmware) used in combination with the
Software properly exchange date data with it.
(c) No Other Performance Warranty
(i) EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
(ii) EXCEPT AS SET FORTH ABOVE, PlexityHide, HB. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE YOU (AND NOT PlexityHide, HB.) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
(iii) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
(d) No Other Warranty
PlexityHide, HB. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.
7. Limitation of Liability
IN NO EVENT WILL PlexityHide, HB. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF
PlexityHide, HB. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PlexityHide, HB.'S AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF
THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
Unless a Registration Code is purchased, this license will terminate after 10 uses of the Software. Upon purchasing a Registration
Code, this License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or
returning to PlexityHide, HB. all copies of the Software and Documentation in your possession or under your control. This License will
terminate automatically upon your failure to comply with the terms of this Agreement or failure to pay the license fee. Upon
termination, you agree to destroy or return to PlexityHide, HB. all copies of the Software and Documentation and to certify in writing
that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights,
and non-disclosure shall survive the termination of this Software License Agreement.
You agree to pay (and to reimburse PlexityHide, HB. on request if PlexityHide, HB. is required to pay) any sales, use, value added
(VAT), consumption or other tax (excluding any tax on PlexityHide, HB.'s net income) or other fee or charge of any kind or nature that
is levied or imposed by any governmental authority on your purchase of the Software, this License, the Documentation, or your use of the
(a) Construction; Jurisdiction; Waiver; Severability
This License Agreement shall be construed, interpreted and governed by the laws of Sweden and the EU. This License Agreement shall
constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be
effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably
effect the intention of the parties.
(b) Purchaser Questions
Should you have any questions concerning this Agreement, or if you desire to contact PlexityHide, HB. for any reason, please write or
e-mail PlexityHide, HB., Grstensvgen 24, S-163 45 Spnga, Sweden, e-mail: feedback@PlexityHide.com. For support services, see
PlexityHide, HB.'s website at www.plexityHide.com, which provides information as to current support policies, services, and resources,
or e-mail PlexityHide, HB. at the address set forth above. PlexityHide, HB reserves the right to modify its support policies and
services in its sole discretion.