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 authorized 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".
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 of the 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 recognize 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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