This document sets forth sample terms and conditions that a software company can use for any software they offer users free of charge. The document grants the user a free, non-exclusive license to use the software and only grants permission for use on a single computer. The user verifies that they agree to the terms and conditions by downloading and using the free software. This document should be used by small businesses that operate as a software company and offer free software to users.
This document sets forth sample terms and conditions that a software company can use for any software they offer users free of charge. The document grants the user a free, non-exclusive license to use the software and only grants permission for use on a single computer. The user verifies that they agree to the terms and conditions by downloading and using the free software. This document should be used by small businesses that operate as a software company and offer free software to users. FREEWARE LICENSE TERMS Our Web Site (“Site/Sites”) contains downloadable files, folders, and other software (“Freeware”) which does not require the payment for a license for use. The copyright owner and license holder of the Freeware that you download through this site is indicated [Instruction: Describe where copyright and license information can be found]. This Freeware License (“License”) is a binding contract between the individual downloader of the software (“You/Your”) and the owner of the Software (“Licensor”). This Site(s) and its Freeware are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Site(s) and the Freeware are the sole property of Licensor or its affiliates or partners. The Freeware may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site(s). Licensor does not convey, through allowing access to the Site, any ownership rights in the Site or in any Freeware. Please read the Terms and Conditions carefully before using this website or downloading any software. Regardless of the lack of a fee for the License, there are conditions for Freeware use. As a prerequisite for grant of the License, You agree to the following Terms and Conditions. You are deemed to have read, understand, and have accepted all such Terms and Conditions upon executing a download of any Freeware program. Failure to abide by any of the Terms and Conditions set forth herein will result in an immediate revocation of your License to use such Freeware, without any notice or other action by Licensor. We may modify these Terms and Conditions at any time without notice to You by posting revised Terms and Conditions on our sites. Continued use of our Site(s) constitutes Your acceptance of any modifications hereto. © Copyright 2013 Docstoc Inc. 2 TERMS AND CONDITIONS 1. You are granted a non-exclusive License to use Freeware, subject to complete compliance with all Terms and Conditions of this License. 2. You may use the software only on a single computer, owned or controlled by You. You may make one backup copy of the software for use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices. 3. You are only granted a License for the machine-readable, object code portion of the software. 4. You may not use the software for multiple users or on a local area network without written consent from the Licensor. 5. You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the software. 6. You will not have any proprietary rights in and to the software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software. 7. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Site or the Freeware. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Sites, except those automated means that we have approved in advance and in writing. 8. Your License to use the software is revocable by the Licensor upon written or published notice. This License shall automatically terminate upon any violation of the Terms and Conditions hereof or upon use of the software beyond the scope of the License provided herein. 9. Use within the scope of this License is free of charge and no royalty or licensing fees shall be payable. Use beyond the scope of this License shall constitute copyright infringement. 10. This License shall be effective and bind You upon downloading of the software. 11. You accept the software on an “AS IS” and with all faults basis. No representations and warranties are made to you regarding any aspect of the software. 12. LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR © Copyright 2013 Docstoc Inc. 3 MERCHANTABILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. 13. You agree to defend, indemnify and hold harmless Licensor, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site(s), the Freeware or violation of these Terms and Conditions. Licensor reserves the right, at its expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Licensor, and You agree to cooperate with Licensor’s defense of these claims. 14. The Terms shall be governed and construed in accordance with the laws of the State of ____________ without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of _______________ for the purposes of any suit, action or other proceeding arising out of or based upon these Terms and Conditions. In the event that any provision of the Terms and Conditions is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms and Conditions. Licensor’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and Licensor, these Terms and Conditions constitute the entire agreement between You and Licensor with respect to the use of the Site(s), its Freeware. To accept the terms of this License and to proceed to download this software, [Instruction: Detail method for You to Accept Terms and Conditions] © Copyright 2013 Docstoc Inc. 4
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