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SCRUFFYDUCK SOFTWARE GENERAL LICENSE AGREEMENT 1 INTRODUCTION This agreement (dated March 3, 2011) is a legal agreement between the person, company, or organization that has licensed this SOFTWARE and ScruffyDuck Software. By installing and using the SOFTWARE, you accept the software and agree to the terms of this agreement. By installing and/or using the SOFTWARE, you are confirming your acceptance of the software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, or do not have authority to bind your organization to these terms, then do not install and/or use the SOFTWARE. This agreement applies only to the SOFTWARE supplied by ScruffyDuck Software. The copyrights and license agreements of any third party tools or software included are respected but are not covered by this agreement and remain subject to their own terms and agreements. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. 2 DEFINITIONS (i) "Freeware" means a version of the SOFTWARE where no charge is made. SOFTWARE provided as Freeware is not open source and the provisions of this agreement apply to it. The only difference between Freeware and paid for SOFTWARE is that the charge for Freeware is zero. Freeware may be used by anyone without charge provided that it is not Commercial Use. A Freeware License is implied by the installation of the SOFTWARE by you. No separate written License is provided for Freeware. (ii) ”Payware” means a version of the SOFTWARE or any component of the SOFTWARE for which a charge is made. A Payware License is provided with paid for software. A Payware License does not mean, and is not, a License for Commercial Use. A license key may or may not be provided with a Payware License at the sole discretion of ScruffyDuck Software. (iii) “Commercial Use” means any use of the SOFTWARE which leads to financial reward. This may be (but not limited to) direct sales to customers or the provision of output from the SOFTWARE to a third party for which payment is received. No Commercial Use may be made of the SOFTWARE without the written permission of ScruffyDuck Software in the form of a Commercial License. (iv) “Commercial License” means written agreement from ScruffyDuck Software to use the SOFTWARE for Commercial Use. A Commercial License will generally require payment at the sole discretion of ScruffyDuck Software. A license key may or may not be provided with a Commercial License at the sole discretion of ScruffyDuck Software. (v) "ScruffyDuck Software" means ScruffyDuck Software, and its licensors, if any. (vi) "SOFTWARE" means any ScruffyDuck software programs or components and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such SOFTWARE which you are entitled to receive and that has been provided to you by ScruffyDuck Software shall also mean SOFTWARE for purposes of this Agreement. 3 GRANT OF LICENSE The SOFTWARE is licensed as follows: (i) A license for the SOFTWARE is granted to an individual or organisation. It may be installed on a maximum of two computers but may be used only on one at a time. (ii) Your license rights under this Agreement are non-exclusive. 4 OTHER RIGHTS AND LIMITATIONS (i) Other than as set forth in the Grant of License, you may not make or distribute copies of the SOFTWARE, or electronically transfer the SOFTWARE from one computer to another over a network. (ii) You may not alter, merge, modify, adapt or translate the SOFTWARE, or decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human-perceivable form. (iv) You may not modify the SOFTWARE or create derivative works based upon the SOFTWARE. (v) You may not use the SOFTWARE to develop any product having the same primary function as the SOFTWARE. 5 OWNERSHIP (i) The foregoing license gives you limited license to use the SOFTWARE. ScruffyDuck Software and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the SOFTWARE and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by ScruffyDuck Software and its suppliers. 6 LIMITED WARRANTY AND DISCLAIMER (i) ScruffyDuck Software provides no remedies or warranties, whether express or implied, for the SOFTWARE. The SOFTWARE is provided “As-Is”. (ii) ScruffyDuck Software makes no warranties, express or implied as to the fitness for purpose or suitability of the SOFTWARE for any particular purpose. 7 EXCLUSIVE REMEDY (i) In the case of a Freeware License your exclusive remedy is to uninstall the SOFTWARE and remove it from your computers. (ii) In the case of a Payware or Commercial License your exclusive remedy is to return the SOFTWARE to the place you acquired it, with a copy of your receipt and a description of the problem. Provided this is done within 30 days of the date of purchase a full refund will be made at the sole discretion of ScruffyDuck Software. 8 LIMITATION OF LIABILITY (i) Neither ScruffyDuck Software nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive or consequential damages (including but not limited to, damages for the inability to use the SOFTWARE, loss of business or the like) arising out of the use of or inability to use the SOFTWARE. 9 GENERAL (i)This Agreement shall be governed by the laws of the United Kingdom.
Introduction I take your privacy very seriously and do not share your information with anyone except where I have your express written permission. Mailing Lists Any mailing lists are managed by MailChimp. Subscribing to a list is a two step positive confirmation process. MailChimp are responsible for protecting any information they may hold about you. I do not hold any information about list members - that is I have no local or other copy of the list. You may unsubscribe any time. I do not manually add or remove subscribers from a list except where I have your express written permission. The information held about you in respect of mailing lists is your email address. I do not make any use of this information other than to send you emails about my products from time to time. Licenses and Donations Obtaining a license or making a donation is done via PayPal. I do not have access to any financial information about you such as credit card or banking information. PayPal are responsible for protecting any information they may hold about you. When you obtain a license, information about you such as name, email and address is stored by me. This is kept offline. Emails related to the license may be stored on the encrypted mail service (see below) temporarily waiting on a backup cycle. Thereafter all information is stored offline. I do not make any use of this information other than to issue a license, confirm that you hold a license, or send out a lost license. Emails My email service is provided by FastMail. Email transmission and storage is encrypted throughout until it reaches your mail service. I also hold an offline backup. FastMail are responsible for the security and privacy of their systems. Right To Be Forgotten If you no longer want me to have any information about you then please let me know in writing and I will remove all emails and any license and other personal information I hold. If you use several email addresses then I can only remove your information for those you tell me about. Be aware that this does mean that I will no longer be able to resend lost licenses. I will also confirm that you are not subscribed to my mailing list Acceptance of this Policy Continued use of our products and services signifies your acceptance of this policy. Changes We may make changes to this policy at any time. You may be asked to review and re-accept the information in this policy if it changes in the future.