Loka (image/photo editing software) 1.6

EULA - End User License Agreement

Macbird Software Systems Loka License Copyright 2008-2009 Macbird Software Systems - All Rights Reserved. ------------------------------------------------------ Macbird Software Systems End-User Software License Agreement PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE SOFTWARE. This is a legal agreement between you and Macbird Software Systems. This Agreement states the terms and conditions upon which Macbird Software Systems offers to license the software together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software"). LICENSE 1. GRANT OF LICENSE. The Software is licensed, not sold, to you for use only under the terms of this Agreement. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and Macbird Software Systems, Macbird Software Systems retains all title to and ownership of the Software and reserves all rights not expressly granted to you. Macbird Software Systems grants to you the right to use all or a portion of this Software provided that (a) the Software is not distributed for profit; (b) the Software may NOT be modified by you; (c) all copyright notices are maintained on the Software; and (d) the licensee/end user agrees to be bound by the terms of this Agreement. When purchasing an individual license for the Software, you may use that licensed version on the computer for which it was purchased. If that computer is damaged or the license is otherwise lost, upon verification, a new registration for the software will be provided. For use of the software on more than one computer you personally own, an upgraded license can be purchased supporting this. Site licensing and volume discount information is available upon request for businesses interested in obtaining multi-user licenses for the Software. Once the license has been provided, refunds are not possible since the software is purchased based on a 100% free trial period in which users can fully test the software to ensure it meets their needs before any cost whatsoever is required. A method is not available for us to remove the license from users' systems as far as a return. Therefore, all sales are final. 2. COPYRIGHT. The SOFTWARE is a proprietary product of Macbird Software Systems and is protected by copyright law. You acquire only the right to use the SOFTWARE and do not acquire any rights of ownership. You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the SOFTWARE. You agree not to cause or permit the reverse engineering, disassembly, or decompilation of the SOFTWARE. 3. MODIFICATIONS OF SOFTWARE. You may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Software. You may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the written materials without the prior written consent of Macbird software systems. 4. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND; Macbird Software Systems disclaims all express and implied warranties. Macbird Software Systems disclaims all express and implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. In no event shall Macbird Software Systems be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of the Software. The disclaimers and limitations set forth above will apply regardless of whether you accept or use, evaluate, or test the Software. 5. TRANSFER OF LICENSE. You may not transfer your license of the Software to a third party. 6. LIMITATIONS on Using, Copying, and Modifying the Software. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software, which resides on a Macbird Software Systems server. Nor may you sub-license any of your rights under this Agreement. 7. TERM/TERMINATION. This Agreement is effective upon purchase and/or use and shall remain in force until terminated. The license granted to you is effective until terminated. 8. INDEMNIFICATION BY YOU. If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Macbird Software Systems from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement. GENERAL This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. ------------------------------------------------------ Macbird Software Systems www.Macbird.net