SOFTWARE CREATOR LICENSE AGREEMENT
FOR "FootPrints" SOFTWARE
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
This Software Creator License Agreement ("SCLA") is a contractual agreement between MinerDiggins the software creator ("Creator"), and the end user ("User") of a software creation ("Software") legitimately exchanged for value.
MinerDiggins, the software Creator, is a group of Living Souls on the Land and has no corporate or commercial character. MinerDiggins expressly denies and disavows any contract or license with any entity of corporate or commercial character.
This Software is protected by international copyright treaties, as well as other intellectual property laws and treaties. This Software is licensed, not sold.
(1) GRANT OF LICENSE.
The Software is licensed as follows:
(a) Installation and Use. MinerDiggins grants the User the right to install and use copies of the Software on as many as four computers owned and regularly used by the User. In addition the Software may be shared on the User's private intranet with up to four computers.
(b) Backup Copies.
You may also make copies of the Software as may be necessary for
backup and archival purposes
(2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Software.
You may not distribute copies of the Software to third parties.
You may not rent, lease, or lend the Software.
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by MinerDiggins. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content. All rights not expressly granted are
reserved by MinerDiggins.
(4) LIMITATION OF LIABILITY
In no event shall MinerDiggins be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Users use of or inability to use the Software, even if MinerDiggins has been advised of the possibility of such damages. In no event will MinerDiggins be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. MinerDiggins shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy or moral rights.
(5) USER RIGHTS
The User reserves the right to take measures to protect his or her privacy as well as the continued dependable and error-free operation of the system on which the Software will be installed. To this end, the User reserves the right to take proactive measures to ensure that these fundamental rights will be upheld. These measures may include:
(a) Conditional installation or non-installation of some or all components of the Software. The User reserves the right to refuse installation or forcibly prevent installation of any component, module, file or other information ("Component"), including without limitation Components that may compromise those rights set forth in (5). The User also reserves the right to manually remove, or use software to remove, any component after the installation has completed. This includes, without limitation, any type of "Spyware" or other component that compromises the User's privacy or otherwise negatively affects the User's use of legitimately exchanged for value Software or the system on which it is installed.
(b) Quarantine of the installed Software. The User reserves the right to take measures as necessary to "quarantine" the Software, in whole or in part, to prevent or limit its use of any system resource, including memory, disk space, network connectivity, processor usage or files present on the system. The user may selectively choose to prevent the Software's access to specific files and Internet resources, filter incoming and outgoing data, or use mechanisms to block or simulate access to any system resource or information.
(6) While it is understood that no Software is perfect, the User reserves the right to expect that the Software will function as promised, in a reasonably robust and error-free manner, or return the Software for a complete Refund of value exchanged if it is found that the Software fails to perform in such a manner.
(a) Debugging or work-around of errors in the Software. If the Software is found to contain errors that prevent or limit its promised function ("Errors"), and the software Creator is unable or unwilling to provide a refund or correct such Errors in a timely manner, the User reserves the right to debug, work around, or correct such Errors without further authorization from the Creator, even if these work-arounds or bugfixes require modifications be made to some or all of the Software's Components. Such modifications may require that the User view and make changes to the Software's binary code, either in its raw form or a machine-translated form the User can use more conveniently. The content of such software-improving modifications are the sole property of the User and may not be copied or used by the Creator without the express consent of the User. The User does not gain copyright ownership of the Software Components modified, but simply maintains the rights to the modifications themselves.
The User agrees that these modifications are for his or her own personal use, and may not sell or exchange modified copies of the Software for gain. The User may, however, instruct others in performing the modifications necessary to improve the Software. The User agrees to hold the Creator harmless for any damage that directly results from modifications the User has made to the Software.
(b) Improvement of the Software. As in the case of Errors present in the Software, the User reserves the right to make improvements to the Software for his or her own personal use, using methods set forth in the previous section. Again, the content of these Improvements themselves are the property of the User, and the User agrees to hold the Creator harmless for damage directly resulting from the modifications made. The User further agrees not to distribute the modified Software or any Component thereof.
(7) The Creator agrees that the contents of the User's computing facilities, including data stored in memory or on disk, environment variables, user habits and system geometry are considered private and understands that the system on which the Software is installed may contain proprietary information. The Creator agrees that such private information may not be transmitted in whole or in part without the prior express consent of the User. The User must be informed of any data-transmission capabilities that may compromise the privacy of any User data, and allowed to explicitly allow or disallow the transmission, BEFORE any transmission takes place.
The User reserves the right to proactively enforce this privacy as described in (5). For the purposes of the SCLA, "system geometry" refers to information about the features and capabilities of the system and the devices connected to it, including information about the size of the hard drive, amount of memory, processor speed, size and speed of local networks, and information about attached peripherals.
(8) Truthful representation of the Software and its abilities. The Creator agrees that the Software and its functions have not been misrepresented to the User, and that the Creator has not made false or misleading claims relating to the purpose, function, capabilities or other aspects of the Software's operation.
(a) User protection from false claims. The User reserves the right to seek outside analysis of the Software by qualified professionals. To this end, the User may be required to disclose information necessary to evaluate such claims to an appropriate party or parties qualified to make such an evaluation, including error messages, Software observations or performance data.
(b) Review. The User reserves the right to disclose observations of the software's operation, including Software faults, benchmark data, reviews, statements of personal opinion, and information relating to false claims, and provide evidence of such claims, without interference from the Creator.
(9) Copyright of User-generated data. The Creator agrees that the User retains all rights to information loaded, typed or otherwise entered into the Software by the User. The Creator may not transmit, reproduce, lease, sublicense or create derivative works of User-entered data in whole or in part without express written permission from the User. The Creator may not restrict the User's rights with respect to User-entered data or User-generated files, including User rights concerning the usage or expression of User data stored in files generated by the Software.
(10) Dispute resolution. This Section applies to any dispute between the Creator and the User arising out of or relating to this Agreement.
(a) Resolution procedure. The User agrees that the lawful procedure selected for dispute resolution, including small-claims court or arbitration, shall be decided upon by the Creator.
(b) Venue. This agreement shall be subject to the common law of the land and the terms of this SVLA or, at the Creator's discretion, subject to the laws of the venue in which it was exchanged for value. User agrees that only a competent court of record shall be invoked.
(11) Piracy Protection. This SCLA applies ONLY to legitimately exchanged for value software. It does not apply to Freeware or not exchanged for value Shareware products. The User agrees that he or she has legitimately exchanged for value the Software. THE SCLA IS NOT A PIRACY LICENSE and does not entitle the User to violate copyright laws. The User understands that modifications to a program with the intention of tampering with non-malfunctioning copy-protection schemes does not fall into the category of "Defects".
(a) The User agrees to make reasonable efforts to protect his or her copies of the Software and license codes, if any, from theft and improper use. The User agrees not to distribute copies of the Software or facilitate the distribution of the Software. The User understands that the unauthorized duplication of the Software is a crime and is punishable by law.
(b) If a legitimate copy of the Software comes with a Certificate of
Authenticity or other proof of ownership, the User agrees to present this proof of ownership to the Creator as necessary to receive technical support, Software updates, etc. If the Software is not accompanied by a Certificate of Authenticity or other proof of exchange for value, the User shall present the original Media, packaging, or software license codes, as required by the Creator, to indicate proof of ownership.
(12) Proprietary information. The User understands that the Software may
contain private or proprietary information, including proprietary algorithms protected by copyright.
(a) The User understands that during the course of installing, modifying or using the Software, he or she may be exposed to proprietary algorithms, and agrees that this information is the property of the Software Creator, and may not be disclosed by the User or used for other purposes, without the express written consent of the Creator. This clause specifically excludes non-executable data files containing materials not owned by the Creator and those materials and situations covered by the "censorware clause".
(13) Refunds. The User agrees that his or her eligibility for a Refund is conditional on his or her ceasing use of the Software and removing all Components from the system. The User is required to remove all copies of the Software from the system and is required to return the original Media and proof of ownership, if applicable, upon receiving the Refund. For the purposes of this Agreement, such a removal will be considered completed if:
(a) the User has made a good faith effort to remove all portions of the
Software from the system using a Creator-supplied uninstaller, the system's Software from the system using a Creator-supplied uninstaller, the system's Add/Remove Software function, or comparable mechanism of software removal, and
(b) the software installation has been reduced to a non-operable state.