1. Introduction
This agreement explains when and how you may use the unregistered
Shareware evaluation version of SuperDIR from Omnivision Technologies. In this agreement:
"Program" means the SuperDIR software product you have
obtained for evaluation, including the software, associated documentation and other
materials;
"Evaluation Copy" means a copy of the Program distributed
by us or by our authorised agents for evaluation purposes and which is described as an
"Unregistered Evaluation Copy" by the help screen of the Program;
"Registered Copy" means a copy of the Program purchased
from us or from a dealer, and which is described as "Registered to" by the help
screen of the Program;
"we", "us", "our" refers to Omnivision
Technologies, a business based in Victoria, AUSTRALIA; and
"you" means the end user of the Program.
2. Legal Agreement
This is a legal agreement which allows you, the end user, to use the
Program under certain terms and conditions. If you cannot agree to abide by what this
agreement says you should not use or evaluate the Program. By using the Program you agree
to abide by the terms and conditions stated herein.
3. Copyright
The Program is fully protected by copyright under federal law and
international treaty provisions.
4. Evaluation Period
You may use an Evaluation Copy of the Program for up to 30 days, in
order to determine whether the Program meets your needs before purchasing it. Once the
evaluation period ends, you agree to either purchase a Registered Copy of the Program, or
to stop using it. If you have ordered a Registered Copy of the Program from us or from a
dealer, you may continue to use your Evaluation Copy until your registration key arrives.
5. Use of the Program
While you are evaluating the Program, you may use it on as many
computers as are required to perform your evaluation. Your evaluation period begins when
you first install the Program on one or more computers for evaluation purposes. Once the
evaluation period is over and you purchase the Program, your use is subject to the
following restrictions:
You agree not to install or use any Personal Edition of the Program
on more than one computer at a time. However, you may install a Personal Edition
simultaneously on one computer at home and on one portable computer, if these computers
are used primarily by the same individual, and there is no possibility that the Program
will be in use at the same time. You agree not to use the Personal Edition of the Program
in a Business, Government or Military Environment.
If you purchased a Server Edition of the Program you agree not to
install or use it on more than one network file server OR on more than 100 standalone PCs.
If you purchased a Site Edition of the Program you may install it on
every computer at just one postal address, usually one building.
If you purchased a Company Edition of the Program you may install it
on every computer that your company uses.
6. Making and Distributing Evaluation Copies of the Program.
You may make copies of your Evaluation Copy of the Program to give to
others, as long as you include all of the files that you originally received with your
Evaluation Copy. You agree not to sell Evaluation Copies of the Program or distribute them
to others for any kind of compensation or fee unless the fee solely covers your costs in
providing it to the end user. Please feel free to: (a) upload SuperDIR to any Internet
site or bulletin board; (b) place SuperDIR in a Shareware software library; (c)
demonstrate the software and its capabilities; (d) give copies to potential users, so that
others may have the opportunity to obtain a copy.
7. Copying Registered Copies of the Program
When you receive a registration key for the Program you may make copies
of the Program software which are necessary for normal backup purposes. You agree not to
make any other copies of the software, the documentation or other materials, or any part
of them, or sell, give, or make available any copies to others, without our advance
written permission.
8. Modification of the Program
You may not reverse-engineer, disassemble or modify the Program in any
way.
9. Operation of the Program
The Program offers powerful capabilities. If you do not follow our
instructions, or if you use the Program improperly, you can destroy files or cause other
damage to your software and data. You assume full responsibility for the selection and use
of the Program to achieve your intended results.
10. LIMITED WARRANTY
The following limited warranty applies to Registered Copies of the
32-bit version of the Program. It is included here so you understand what your warranty
will be when you purchase a Registered Copy. This warranty does NOT apply to Evaluation
Copies or the 16-bit version of the Program.
10.1. Bugs and Program Errors
We don't promise that the Program will be free of bugs or program
errors. If you report a program error or bug to us, we will use our best efforts to
correct it.
11. DISCLAIMERS AND LIMITATIONS
11.1. DISCLAIMER FOR EVALUATION COPIES
YOU ARE NOT PAYING FOR THE TRIAL USE LICENCE FOR YOUR EVALUATION COPY
OF THE PROGRAM. ACCORDINGLY THE EVALUATION COPY IS PROVIDED "AS-IS" AND WITHOUT
WARRANTY OF ANY KIND.
11.2. DISCLAIMER FOR REGISTERED COPIES
Except for the limited warranty stated above, we disclaim any and all
other warranties, express or implied, oral or written, including any implied warranties of
merchantability or fitness for a particular purpose. The limited warranty above gives you
specific legal rights, but you may have other rights, depending on where you purchased the
Program.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE
PROGRAM OR YOUR RELATIONSHIP WITH US. SOME COUNTRIES OR STATES DO NOT ALLOW EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
12. This agreement is to be interpreted under the laws of the state of
Victoria, Australia.
