» version 1.0.2 - posted on 2004-11-26
Omea Reader lets you read and organize RSS/ATOM feeds, newsgroups, Web bookmarks
EULA - End User License Agreement
License Agreement for Omea Reader by JetBrains
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.
Upon Your acceptance of this License Agreement (the "Agreement"), JetBrains grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:
"JetBrains" means JetBrains s.r.o., a Czech company with its principal offices located at Klanova 506/9, Prague, 14700, Czech Republic.
"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
"Software" means the binary code of Omea Reader with its Documentation.
3. GRANT OF LICENSE
The Software is the property of JetBrains or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of JetBrains and its suppliers.
The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of JetBrains and its suppliers and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.
(i) save and use the number of copies of the Software for which the corresponding fee has been paid; All versions of Software, relerased during the promotional period are free and require only registration. The terms of the promotional period are written on the JetBrains web-site.
(ii) make one copy of the Software for archival purposes;
You may not:
(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of JetBrains;
(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
(v) install the Software on, or run the Software from a network server;
(vi) run the same copy of the Software concurrently on different computers;
(vii) access or use a different copy of the Software over a network.
For exceptions or modifications to this Agreement, please contact JetBrains.
4. PATENT AND COPYRIGHT INDEMNITY
If You have paid a license fee for the Software, JetBrains will defend and indemnify You for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that (i) You notify JetBrains in writing within 30 days of the claim, (ii) JetBrains has sole control of the defense and all related settlement negotiations, and (iii) You provide JetBrains with the assistance, information, and authority necessary to perform the above.
JetBrains will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by JetBrains (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by JetBrains or under JetBrainss direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that JetBrains provides to You, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by JetBrains if such infringement would have been avoided by the use of the Software without such programs or data.
In the event the Software is held or believed by JetBrains to infringe, or Your use of the Software is enjoined, JetBrains will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license to continue using the Software, (iii) substitute the Software with other Software reasonably suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the effective date of the Agreement. This Section states JetBrainss entire liability for infringement.
5. LIMITED WARRANTY
If You have paid a license fee for the Software, then for a period of thirty (30) days from the date of receipt of the Software, JetBrains warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by JetBrains will be free from defects in materials and workmanship.
JetBrains, and its suppliers and resellers, entire liability and Your exclusive remedy shall be, at JetBrains option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet JetBrains Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional thirty (30) days. Outside the United States, neither these remedies nor any product support services offered by JetBrains are available without proof of purchase from an authorized international source.
EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION
6. DISCLAIMER OF DAMAGES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL JETBRAINS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (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 OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JETBRAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, JETBRAINS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If You fail to comply with the terms and conditions of this Agreement, JetBrains may terminate this Agreement and Your right and license to use the Software. You may terminate this Agreement at any time by notifying JetBrains. Upon the termination of this Agreement, You must delete the Software from Your computer and archives.
YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, JETBRAINS MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
You agree to be identified as a customer of JetBrains and You agree that JetBrains may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in JetBrains marketing materials and web site. You hereby grant JetBrains a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to JetBrains pursuant to this marketing section.
JetBrains reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and JetBrains.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Czech Republic.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either JetBrains or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
If You have any questions, please contact JetBrains, Klanova 506/9, Prague, 14700, Czech Republic (fax: +420-261711724).
You can also use the following e-mail addresses: email@example.com or firstname.lastname@example.org.