» version 1.2 - posted on 2006-05-01
EULA - End User License Agreement
OnTheGoSoft Freeware License Agreement
ATTENTION: READ CAREFULLY: By using, copying, or distributing the
accompanying software you indicate your acceptance of the following
OnTheGoSoft Binary Freeware License Agreement ("Agreement").
1. LICENSE. OnTheGoSoft Inc. ("OnTheGoSoft") hereby grants you (each licensee is
addressed as "you") a non-exclusive, transferable license to use
its software product and accompanying documentation (the program's
object code and documentation are collectively referred to as the
"Software") on the following terms and only for non-commercial
purposes (see Section 2 below). You may:
a. use the Software on any computer in your possession;
b. make copies of the Software; and
c. distribute the Software (subject to the requirements of Section
3 below) only in the form originally furnished by OnTheGoSoft with no
modifications or additions whatsoever. If you have the slightest
doubt that your copy of the Software is not original, you must
contact OnTheGoSoft for an original copy.
2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject
to the following restrictions:
a. The Software is to be used only for non-commercial purposes
unless you obtain OnTheGoSoft's prior written consent. Prohibited
commercial purposes include, but are not limited to:
(i) Selling, licensing or renting the Software to third parties
for a fee (by payment of money or otherwise, whether direct or
(ii) Using the Software to develop a similar application on any
platform for commercial distribution; or
(iii) Using the Software in any manner that is generally
competitive with a OnTheGoSoft product as defined by OnTheGoSoft.
b. On each copy of the Software you must conspicuously and
appropriately reproduce OnTheGoSoft's copyright notices (see Software for
examples of such notices) and disclaimer of warranty; keep intact
this Agreement and all notices that refer to this Agreement or any
absence of warranty (whether written or interactively displayed);
and give any other recipients of the Software a copy of this
c. You may not modify, combine other commercial applications with,
or otherwise prepare derivative works of the Software.
d. In order to preserve the value of the OnTheGoSoft name and/or any
trademarks, service marks, trade dress adopted and/or used by OnTheGoSoft
from time to time, you shall not make use of any of them for any
reason (e.g., with respect to an Additional File, in advertising,
marketing your own products, press releases, or other publicity)
except solely as may be expressly authorized by this Agreement or
by the prior written consent of OnTheGoSoft.
e. You shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR
OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN
PERCEIVABLE FORM, except to the extent this restriction is prohibited
by applicable law.
3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
its variants) includes making the Software available (either
intentionally or unintentionally) to third parties for copying or
use, including providing timeshare access. Each time you distribute
the Software, the recipient must expressly agree to comply with
these terms and conditions. The recipient automatically receives
this license to use, copy, or distribute the Software subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance with this
Agreement by recipients.
4. TITLE. Title, ownership rights, and intellectual property rights in
and to the Software, and each copy thereof (including all
copyrights therein), shall remain in OnTheGoSoft. The Software is
protected by the copyright laws of the United States and
international copyright treaties.
5. NO ONTHEGOSOFT OBLIGATION. You are solely responsible for all of your
costs and expenses incurred in connection with the distribution of
the Software, and OnTheGoSoft shall have no liability, obligation or
responsibility therefor. OnTheGoSoft shall have no obligation to provide
maintenance, support, upgrades or new releases to you or to any
distributee of the Software.
6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
NO WARRANTY FOR THE SOFTWARE. ONTHEGOSOFT PROVIDES THE SOFTWARE "AS IS,"
AND ONTHEGOSOFT, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS
WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF
THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND,
EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE
OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT ONTHEGOSOFT)
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ONTHEGOSOFT MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ONTHEGOSOFT, ITS DISTRIBUTORS
AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER
ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF
PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING
RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY
OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS
INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF ONTHEGOSOFT HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
8. INDEMNIFICATION. You and your distributees shall defend, indemnify
and hold harmless OnTheGoSoft, its distributors and suppliers, and all
other persons who have been involved in the creation, production,
or delivery of the Software, from any claim, demand, liability,
damage award, suit, judgment, or other legal action (including
reasonable attorney's fees) arising out of your use, distribution,
modification, or duplication of the Software.
9. TERMINATION. The license granted hereunder is effective until
terminated by OnTheGoSoft. You may terminate it at any time by destroying
the Software. This license will terminate automatically if you fail
to comply with the limitations described above. On termination, you
must destroy all copies of the Software. The termination of your
license will not result in the termination of the licenses of any
distributees who have received rights to the Software through you
so long as they are in compliance with the provisions of this