A. ImgBurn End User License Agreement (EULA)
B. OpenCandy End User License Agreement (EULA)
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A. ImgBurn End User License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. This End User License Agreement for ImgBurn ("License Agreement" or "Agreement") is a legal agreement between you (either an individual or an entity), LIGHTNING UK! ("Author"), his suppliers and licensors. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions.
1. GRANT OF LICENSE.
a) This program is freeware and cannot be sold in any way, shape or form. Anyone may freely use this software at home or in the workplace.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
e) You may not distribute the program as part of a commercial device, program or service without the express permission of the Author.
2. BETA RELEASE VERSIONS.
In the event that the Software is a beta release version, the terms of this Section shall apply. The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation.
3. AUTOMATIC COMMUNICATIONS FEATURES.
The Software has the ability to automatically check for program updates via an active Internet connection. The software receives current program version information from ImgBurn's servers and the program then uses this information to determine if an update is available. No information is ever transmitted to ImgBurn's servers. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.
4. RIGHTS.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the Author. The Software and the Services are protected by the copyright laws of international copyright treaties. Title, ownership, rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.
5. LIABILITY.
THIS SOFTWARE IS DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
6. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from the Author to effect such termination. You may also terminate this License Agreement at any time by notifying the Author in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by the Author. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
7. UNINSTALL
To uninstall this software, follow the directions below:
a) Click the 'Start' menu button in Windows.
b) Select 'All Programs'.
c) Select the 'ImgBurn' program group.
d) Select 'Uninstall'.
You can also uninstall this software via the appropriate applet within Control Panel.
For Example:
Windows Vista / 7 / 8 - 'Programs and Features'
Windows XP - 'Add or Remove Programs'
Older Versions - 'Add/Remove Programs'
ImgBurn™
© 2005 - 2013 LIGHTNING UK!. All rights reserved.
http://www.imgburn.com
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B. OpenCandy End User License Agreement (EULA)
Date of last revision: March 7, 2012
PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.
1. What We Do
The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.
2. How Our Recommendations Work
As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.
Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.
3. Recommended Third Party Software
You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).
4. How We Use Your Data
We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www.opencandy.com/privacy-policy.
5. DISCLAIMER; LIMITATION OF LIABILITY
WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.
6. Miscellaneous
These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.
7. Third Party Software Uninstallation
We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.
If you have any feedback or questions, please email us at: license@opencandy.com.
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