This License Agreement is an agreement between you ("LICENSEE") (either an
individual or a single entity) and delight software for the software product
Desk Marker, which includes Desk Marker and all documentation
("SOFTWARE"). By installing or otherwise using the SOFTWARE, you agree to
be bound by the terms and conditions of this Agreement. If you do not agree
to these terms and conditions, as a whole or any part of it, you are not
authorized and may not use the SOFTWARE.
1. Usage: This SOFTWARE is free for non-commercial use only. If you use it for
commercial purposes, please obtain a commercial use license. delight software
grants a non-exclusive and non-transferable license (without the ability to
sublicense) to install and use ONE copy of the SOFTWARE You may make one
copy of the SOFTWARE for archival purposes.
2. Ownership: The SOFTWARE is owned by delight software and is protected
by copyright laws. The SOFTWARE is licensed to you for use only under the
terms set forth in this Agreement. delight software reserves any right not
expressly granted in this Agreement. You may own the media on which the
SOFTWARE is stored, but delight software retains title to the SOFTWARE.
3. Responsibility: By installing the SOFTWARE you assume sole responsibility
for the installation, use and results obtained from the use of the SOFTWARE.
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall delight software be liable to you or any other person for any
indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any and all other commercial
damages or losses.
4. License: This agreement is only a license to use the SOFTWARE on a single
Computer. delight software grants you a limited, non-exclusive license to do
only the following:
a) Install and use a SINGLE instance of this SOFTWARE. i.e., you are not
allowed to use one license for more than one Computer.
5. Restrictions: You are NOT permitted to do any of the following:
a) Sublicense, assign, or distribute copies of the SOFTWARE to others.
b) Modify, copy, reproduce, adapt, translate, rent, lease, loan, sell, distribute,
or otherwise assign or transfer the SOFTWARE, or create derivative works
based upon the SOFTWARE or any part thereof, except as expressly provided
in this Agreement.
6. Warranty Disclaimer: This SOFTWARE is provided by delight software on an
'As Is' basis. delight software makes no representations or warranties of any
kind, including without limitation the warranties of merchantability, fitness for a
particular purpose and non-infringement. delight software does not warrant
that the SOFTWARE will meet LICENSEE specific requirements, nor does it
warrant that the operation of the SOFTWARE be error-free. Though we shall
strive to do our best in helping you, in no event shall delight software or its
parents, subsidiaries, affiliates, successors, officers, directors or employees be
held liable for any support. If you are dissatisfied with any portion of the
SOFTWARE, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using the SOFTWARE.
7. Termination: delight software may terminate this Agreement if you fail to
comply with the terms and conditions of this Agreement. On termination, you
must destroy all copies of the SOFTWARE and all of its component parts.