» version 126.96.36.199 - posted on 2005-03-19
EULA - End User License Agreement
DREAMDIVES END-USER LICENSE AGREEMENT
SUMMARY OF THE KEY TERMS
1. You may use this program ONLY on one (1) SINGLE handheld computer, together with the related desktop computer(s) used by you.
2. This program is owned by DreamDives, and is protected by Dutch and international copyright laws. No copying is permitted, except for one (1) back-up copy. No transfer, distribution, modification or translation of this program, electronic or otherwise, is permitted without DreamDives's written permission. VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
3. DreamDives makes no warranties regarding this product, except as to replacement of defective disks (if any) supplied by DreamDives. All warranties, including merchantability or fitness for a particular purpose are specifically disclaimed.
4. IMPORTANT - Read the full license terms and conditions below before installing or using this software. This License provides you with limited rights to use the software, conditioned upon your continued compliance with these terms and conditions. INSTALLATION OF THIS SOFTWARE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
You may use this program only on a single handheld computer, together with the related computer(s) used by you in conjunction with that handheld computer. This group of related computers may include a desktop computer, a home computer and a laptop computer, but shall not include more than three related computers or any computer for which you are not the primary user.
You may not electronically transfer, transmit or provide access to the program from one computer to another over a network, the Internet or any other means, including without limitation making the program, its features or results, available through an application service provider or the like. You may not distribute, sublicense or make available copies of the program or related documentation to others in any form, electronic or otherwise.
You may not modify or translate the program or related documentation without the prior written consent of DreamDives. You may make one (1) copy of the program solely for back-up purposes. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT. This program is owned by DreamDives and is protected by Dutch and international copyright laws.
VIOLATION OF COPYRIGHT IS A SERIOUS OFFENSE, PUNISHABLE BY MONETARY PENALTIES AND POSSIBLE IMPRISONMENT.
You may not use the program for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. You agree to indemnify DreamDives for any and all claims arising from any violation by you of the terms of this End-User License.
EXCLUSION OF WARRANTY
THIS PROGRAM IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH DREAMDIVES SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT DREAMDIVES OR ITS DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
DREAMDIVES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
If the program has been licensed to you on a diskette or CD, DREAMDIVES warrants to you, the original licensee, that the disk(s) on which the program is recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The above express warranty is specifically limited to its terms, and the to the extent inconsistent with any disclaimer of warranty contained herein, is not intended to otherwise limit such disclaimer. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER DREAMDIVES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAMDIVES'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF DREAMDIVES'S OBLIGATIONS IS LIMITED TO A REFUND OF ANY LICENSE FEE YOU ACTUALLY PAID TO DREAMDIVES FOR THIS PROGRAM.
The End-User License is effective until terminated. You may terminate an End-User License by destroying the program and documentation and all copies thereof. The End-User License is conditioned upon your continued compliance with the Agreement and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Agreement. Trial and evaluation licenses terminate automatically at the end of the trial and evaluation period. Upon any termination you agree to destroy all copies of the program and documentation in your possession or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.
DREAMDIVES GENERAL DISCLAIMER, REFUND POLICY COPYRIGHT NOTICE
DISCLAIMER AND DISCLAIMER OF WARRANTIES
DreamDives disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DreamDives website. DreamDives disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. DreamDives disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DreamDives website.
THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE IS PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER. DREAMDIVES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DREAMDIVES DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE. DREAMDIVES DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE. DREAMDIVES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE , AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DREAMDIVES SOFTWARE, CONTENT AND WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES, COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Without limiting the foregoing, under no circumstances shall DREAMDIVES be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
DREAMDIVES REFUND POLICY
DreamDives has a strict no refund and/or return policy. We do not refund any purchased products via the DreamDives website, integrated software or reseller purchase channels.
DREAMDIVES COPYRIGHT NOTICE
Copyright 2002 DreamDives. All rights reserved. DreamDives materials (including without limitation all articles, text, images, logos, compilation, and design) are Copyright 2002 DreamDives. All rights reserved. DreamDives materials may be copied and distributed on a limited basis for noncommercial purposes only, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: Copyright 2002 DreamDives. All rights reserved. DreamDives materials may not be copied or redistributed or linked for commercial purposes or for compensation of any kind without prior written permission from DreamDives. If you have questions about these terms or would like information about licensing materials from DreamDives, please send an email to info@DreamDives.org.