Captcha Designer End user license agreement
LIMITED USE SOFTWARE LICENSE AGREEMENT
The terms and conditions of this Agreement will apply to the SOFTWARE supplied
herewith and derivatives obtained therefrom, including any copy. The term
SOFTWARE includes programs and related documentation supplied herewith.
1. TITLE AND LICENSE GRANT
The SOFTWARE is copyrighted and/or contains proprietary information
protected by law. All SOFTWARE, and all copies thereof, are and will remain
the sole property of Captcha Designer. Captcha Designer hereby grants you a personal,
non-transferable and non-exclusive right to use all SOFTWARE, in whatever
form recorded, which is furnished to you under or in contemplation of this
Agreement. This grant is limited to use on a single processor at a time.
You agree to use your best efforts to see that any user of the SOFTWARE
licensed hereunder complies with the terms and conditions of this License
Agreement and refrains from taking any steps, such as reverse assembly or
reverse compilation, to derive a source code equivalent of the SOFTWARE.
2. SOFTWARE USE
A. You are permitted to make a single archive copy, provided the
SOFTWARE shall not be otherwise reproduced, copied, or, except for
the documentation, disclosed to others in whole or in part. Any such
copy shall contain the same copyright notice and proprietary marking,
including diskette markings, appearing on the original SOFTWARE.
B. The SOFTWARE together with any archive copy thereof, shall be either
returned to Captcha Designer or destroyed when no longer used in accordance
with this license Agreement, or when the right to use the software is
3. LIMITED WARRANTY
A. Captcha Designer warrants that the SOFTWARE will be in good working order
and will replace, without charge, any SOFTWARE which is not in good
working order if returned to the location where you obtained it within (90)
days of delivery to you. If requested, Captcha Designer may refund the purchase
price of the SOFTWARE.
B. Captcha Designer does not warrant that the functions of the SOFTWARE will
meet your requirements or that SOFTWARE operation will be error-free or
C. Captcha Designer has used reasonable efforts to minimize defects or errors
in the SOFTWARE. HOWEVER, YOU ASSUME THE RISK OF ANY AND
ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE
D. Unless a separate agreement for software maintenance is entered into
between you and Captcha Designer, Captcha Designer bears no responsibility for
supplying assistance for fixing or for communicating known errors to you
pertaining to the SOFTWARE supplied hereunder.
E. YOU UNDERSTAND THAT, EXCEPT FOR THE (90) DAY LIMITED
WARRANTY RECITED ABOVE, Captcha Designer, ITS AFFILIATES,
CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
Some states or other jurisdictions in USA do not allow the exclusion of
implied warranties or limitations on how long an implied warranty lasts,
so the above limitations may not apply to you. This warranty gives you
specific legal rights and you may also have other rights which vary from
one state or jurisdiction to another.
4. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITIES
A. YOU AGREE THAT YOUR SOLE REMEDY AGAINST Captcha Designer, ITS
AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS
OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE IN THE
SOFTWARE REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, SHALL BE THE REPLACEMENT OF Captcha Designer
FURNISHED SOFTWARE, PROVIDED SUCH SOFTWARE IS
RETURNED TO Captcha Designer WITH A COPY OF YOUR SALES
RECEIPT. THIS SHALL BE EXCLUSIVE OF ALL OTHER REMEDIES
AGAINST Captcha Designer, ITS AFFILIATES, CONTRACTORS, SUPPLIERS
B. Regardless of any other provisions of this Agreement, neither Captcha Designer
nor its affiliates, contractors, suppliers or agents shall be liable for any
indirect, incidental or consequential damages (including lost profits)
sustained or incurred in connection with the use, operation, or inability to
use the SOFTWARE or for damages due to causes beyond the reasonable
control of Captcha Designer, its affiliates, contractors, suppliers and agents
attributable to any service, products or action of any other person.
C. This agreement shall be construed in accordance with and governed by
the laws of the United Kingdom.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
UNDERSTAND IT, AND THAT BY INSTALLING THIS SOFTWARE YOU
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN
AGREEMENTS BETWEEN Captcha Designer AND YOU, THIS AGREEMENT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL
PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND
ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.