This ControlledVocabulary.com End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ControlledVocabulary.com for the Controlled Vocabulary Keyword Catalog software dataset(s) that may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE DATASET"). By installing, copying, or otherwise using the SOFTWARE DATASET, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE DATASET. The SOFTWARE DATASET is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE DATASET is licensed, not sold.
End-User License Agreement
1. GRANT OF LICENSE.
* Installation and Use. ControlledVocabulary.com grants you the right to install and use copies of the SOFTWARE DATASET on your computers running validly licensed copies of the operating system for which the Image Info Toolkit was designed [e.g., Windows(r) 95; Windows NT(r), Windows 3.x, Macintosh, etc.].
* Modifications. You are encouraged to modify your version of the Controlled Vocabulary Keyword Catalog, however, you are prohibited from distributing, loaning, licensing or selling, modified versions of this product.
* Backup Copies. You may also make copies of the SOFTWARE DATASET as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any copies of the SOFTWARE DATASET.
* Distribution. You may not distribute copies of the SOFTWARE DATASET to third parties.
* Rental. You may not rent, lease, or lend the SOFTWARE DATASET.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Support Services. ControlledVocabulary.com may provide you with support services related to the SOFTWARE DATASET ("Support Services"). Use of Support Services is governed by the ControlledVocabulary.com polices and programs described in our Terms of Service, located at http://www.ControlledVocabulary.com/keywordcatalog/terms.html. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE DATASET and subject to the terms and conditions of this EULA. With respect to technical information you provide to ControlledVocabulary.com as part of the Support Services, ControlledVocabulary.com may use such information for its business purposes, including for product support and development. ControlledVocabulary.com will not utilize such technical information in a form that personally identifies you. * Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE DATASET.
3. TERMINATION. Without prejudice to any other rights, ControlledVocabulary.com 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 DATASET.
4. DISCLAIMER OF WARRANTY. Some of the ControlledVocabulary.com datasets may be designated as alpha, beta, gamma, development, or pre-release versions. Such datasets may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Controlled Vocabulary Keyword Catalog is at your sole risk. The Controlled Vocabulary Keyword Catalog is provided "AS IS" and without warranty of any kind and ControlledVocabulary.com and/or ControlledVocabulary.com's licensors(s) (for the purposes of Sections 3 and 4, ControlledVocabulary.com and ControlledVocabulary.com's licensors(s) shall be collectively referred to as "ControlledVocabulary.com") expressly disclaim all warranties and/or conditions, express or implied, including but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and noninfringment of third party rights. ControlledVocabulary.com does not warrant that the features contained in the Controlled Vocabulary Keyword Catalog will meet your requirements, or that the operation of the underlying software (the Image Info Toolkit) will be uninterrupted or error-free, or that defects in the Controlled Vocabulary Keyword Catalog will be corrected. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE DATASET REMAINS WITH YOU.
5. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE DATASET and any copies thereof are owned by ControlledVocabulary.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE DATASET 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 ControlledVocabulary.com.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE DATASET is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
7. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall ControlledVocabulary.com or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE DATASET or the provision of or failure to provide Support Services, even if ControlledVocabulary.com has been advised of the possibility of such damages. In any case, ControlledVocabulary.com's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE DATASET or US$5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
8. REFUNDS AND EXCHANGES. ControlledVocabulary.com Software is considered electronic media (such as Compact Discs) and once you have received the product, there is no way to prevent further use. Therefore, all ControlledVocabulary.com software cannot be refunded or exchanged.
9. MISCELLANEOUS. * This EULA is governed by the laws of the State of Illinois, U.S.A. * If this product was acquired outside the United States, then local law may apply. * Should you have any questions concerning this EULA, or if you desire to contact ControlledVocabulary.com for any reason, please write to:
C/O David Riecks
701 W. Washington St.
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