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2BrightSparks Pte Ltd
Power with Ease - Indispensable Utility Software Software Distribution Agreement for SyncBackPro
Shareware Version
This Software Distribution Agreement (hereinafter
referred to as "AGREEMENT") is a legal
AGREEMENT between you, and 2BrightSparks Pte
Ltd (hereinafter referred to as "AUTHOR")
for distributing the computer software program
entitled SyncBackPro (hereinafter referred to
as "SOFTWARE").
This AGREEMENT describes the terms and conditions
by which AUTHOR will license other parties to
distribute the SOFTWARE which is intended solely
for distribution as SHAREWARE. No use, distribution
or reproduction of the SOFTWARE or copies of
the SOFTWARE is authorised except in compliance
with the terms and conditions herein. Distribution
of the SOFTWARE in accordance with the provisions
of this Software Licence Agreement is encouraged.
You should carefully read the following terms
and conditions before distributing this SOFTWARE.
Unless you have a different licence AGREEMENT
signed by AUTHOR, your use of this SOFTWARE indicated
your acceptance of this licence AGREEMENT.
By copying or distributing this SOFTWARE, you
agree to be bound by the terms and conditions
of this AGREEMENT as well as those of the "Software
Licence Agreement".
GENERAL DEFINITIONS
As stated, the SOFTWARE is marketed as SHAREWARE.
Definition of Shareware Shareware distribution
gives users a chance to try software before buying
it. If you try a Shareware program and continue
using it, you are required to register it (or
purchase the Licensed version). Copyright laws
apply to both Shareware and retail software,
and the copyright holder retains all rights,
with a few specific exceptions as stated below.
The author specifically grants the right to copy
and distribute the software, either to all and
sundry or to a specific group. Shareware is a
distribution method, not a type of software.
GENERAL TERMS AND CONDITIONS
• AUTHOR shall be credited as the owner
of the SOFTWARE in all distribution of the SOFTWARE.
AUTHOR is the exclusive world-wide licenser of
the SOFTWARE, and the copyrights and other proprietary
rights therein. The SOFTWARE is intended solely
for distribution as SHAREWARE (i. e., try- before-you-buy
software); it is not public domain or free software
or freeware.
• The SOFTWARE shall be identified
by name and shall be identified as SHAREWARE
in all distribution.
• You may copy and/or
distribute the SOFTWARE only in its original,
unaltered form, with all files included unmodified,
and without making any additions, modifications
or deletions except as provided in this paragraph.
You may not modify the SOFTWARE or any of its
files, and the SOFTWARE must be distributed as
a complete package. You may not change, delete,
merge or rename any files or elements of the
SOFTWARE in any manner, and you may not add any
files or new elements (except for installation
routines which do not interfere with the proper
operation or installation of the SOFTWARE).
• Since
the SOFTWARE is intended for distribution only
as SHAREWARE, you shall not charge any fee or
other compensation for the SOFTWARE, although
you may charge a distribution fee for costs associated
with distributing the SOFTWARE. You are permitted,
and encouraged, to make and distribute copies
ofthe SOFTWARE to your friends, family members
and co-workers for your and their private non-commercial
use, in compliance with the terms and conditions
hereof.
• You recognise that your right
to distribute the SOFTWARE is nonexclusive and
that AUTHOR can terminate the license granted
to you at any time for any reason upon notice.
AUTHOR reserves the right to withhold or withdraw
permission to distribute the SOFTWARE from anyone
at any time for any reason. The other provisions
hereof shall survive any expiration or termination
of this AGREEMENT.
• You shall take reasonable
steps to ensure that the SOFTWARE and any other
software, documentation and other materials distributed
with the SOFTWARE are free from viruses.
• You
may not use, copy, modify, distribute or transfer
the SOFTWARE or any element thereof in whole
or in part, except as expressly provided for
herein.
• You may not rent or lease the
SOFTWARE to anyone.
• AUTHOR reserves the
right to update the contents of the SOFTWARE
and its associated files, documentation and/or
other elements, at its discretion from time to
time, without the consent of, or any obligation
to, any licensed users or distributors.
• You
will hold AUTHOR, family members, distributors,
licensees, sub-licensees and lawyers harmless
from and against any and all claims, actions,
damages, losses, liabilities, costs and expenses
arising directly or indirectly from your acts
and omissions in copying and distributing the
SOFTWARE.
• If any provision of this AGREEMENT
is held to be void, invalid or unenforceable,
it will not affect the validity of the balance
of this AGREEMENT, which shall remain valid and
enforceable according to its terms and conditions.
• This
agreement shall be governed by the laws of the
United Kingdom. SPECIAL TERMS AND CONDITIONS
• Distribution
by BBS, on-line Services, FTP, FSP, News, WWW,
Satellite, Other File Transfer Protocols: The
SOFTWARE and associated files may be copied,
used and posted without charge and permission
as long as the "General Terms and Conditions" set
forth above are complied with.
• Distribution
on Floppy Disk / CD-ROM / DVD / Other Disk Types
in a non-retail environment: The SOFTWARE and
associated files may be copied, and used and
posted without charge and permission as long
as the "General Terms and Conditions" set
forth above are complied with.
• Distribution
on Floppy Disk / CD-ROM / DVD / Other Disk Types
by Anonymous access FTP/WWW Shareware Archives:
The SOFTWARE and associated files may be copied,
used and posted without charge and permission
as long as the "General Terms and Conditions" set
forth above are complied with.
• Distribution
on Magazine Companion Disk / CD-ROM / Other
Disk Types: The program and associated files
may be
copied, used and posted without charge and
permission as long as the "General Terms
and Conditions" set
forth above are complied with. We would greatly
appreciate if you would inform 2BrightSparks
about any review(s) you write about the SOFTWARE.
Thanks.
• Distribution in
a Retail Environment, Book Companion Disk / CD-ROM
/ Other Disk Types (Book): You may not distribute
the program without obtaining explicit permission
from AUTHOR.
• Other (e. g. Retail not
covered above) CD-ROM Shareware Distribution:
You may not distribute the program without obtaining
explicit permission from AUTHOR.
• Internet
Providers Disk / CD-ROM / Demo Disks / Connection
Kits / etc.: You may distribute this SOFTWARE
on your disk/CD only as bundled shareware with
other programs without charge and permission
as long as the "General Terms and Conditions" set
forth above are complied with. If you intend
to provide the program for your own diagnostic
purposes then you may not distribute the program
without obtaining explicit permission from the
AUTHOR.
• Software/Hardware Manufacturers & Suppliers:
You may not distribute the program pre-installed
or otherwise on the machines you manufacture/distribute/etc.
or bundled with your own products without obtaining
explicit permission from AUTHOR.
• Other
Type of Distribution: Please contact AUTHOR for
details. BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT
AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S
TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE RIGHTS AND LIABILITIES OF THE PARTIES
AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS,
ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN
THE PARTIES RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT.
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