Avral Tramigo 1.0

EULA - End User License Agreement

AVRAL TECHNOLOGIES LIMITED
TRAMIGO v. 1.0 SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement ("Agreement") is a legal agreement between you ("Licensee") and Avral Technologies Limited ("Avral") for the software product accompanying this agreement, which includes computer software and may include on-line or electronic documentation ("Software"). By installing, copying, or otherwise using the Software and its upgrades or updates (if any), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy, or otherwise use the Software.

The Software is licensed, not sold. Depending on the nature of your work and your projects, you may use it free of charge or you must must pay a registration fee, as explained further in this Agreement.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Please read this entire agreement.

SOFTWARE LICENSE - TERMS APPLICABLE TO USE OF FREE VERSION

You may use the Software free of charge if at least one of the following conditions is met:

1) You do not create localized files (e.g. if you only create translation projects or translate text contained in translation projects); or

2) The projects from which you create localized files contain no more than 10 translated text items ("Translations Limit").

For the purpose of this agreement, a localized file is defined as a new SWF or text file generated by the Software, and a text item is defined as block of text available for editing within one "Translation" edit box of the main screen of the Software.

To facilitate your compliance with these terms, the Sofware has protection mechanisms preventing the number of translated text items to be output to localized files from exceeding the Translations Limit.

If you wish to use the Software to create localized files that contain a number of translated text items exceeding the Translations Limit, you must pay the registration fee according to the terms and prices specified by Avral in the Software documentation included with the Software and/or published on the website of Avral. Once you have paid the registration fee, Avral or its authorised representative will provide you with registration code(s). You will then need to enter the registration code(s) on your computer(s) using a dedicated feature of the Software. This will change the status of the software from free version to registered version.

SOFTWARE LICENSE - TERMS APPLICABLE TO USE OF REGISTERED VERSION

The Software is licensed on a non-exclusive basis to you for your own use.

The maximum number of personal computer systems on which you may use the registered version of the Software is fixed at the time of payment of the registration fee. If you need additional licenses, please contact Avral.

You may make as many copies of the Software as needed for backup and archival purposes.

DISTRIBUTION

You may freely distribute the Software provided you have satisfied all of the following conditions:

(a) you must distribute a complete and unaltered copy of the installation set of the Software in the form produced by Avral; and

(b) you must not claim ownership of the Software; and

(c) you must not create an impression that you are collecting any fees or charges (including but not limited to registration fees for the Software) on behalf of Avral.

Avral may revoke any permissions granted here by notifying you in writing.

RESTRICTIONS APPLICABLE TO ALL USE OR DISTRIBUTION

You may not alter this Software in any way, including changing or removing any messages or windows or dialogs.

You may not decompile, reverse engineer, disassemble or otherwise reduce this Software to a human perceivable form.

You may not modify, rent, lease or resell for profit this Software, or create derivative works based upon this Software.

You may not publicize or distribute any registration codes used by this Software and/or algorithms and/or registration code generators and/or other information pertaining to registration codes generation without express permission of Avral. This restriction applies regardless of how you received these registration codes and/or algorithms and/or generators and/or information.

You may not remove or alter any copyright or proprietary notice from copies of the Software.

COPYRIGHT AND TRADEMARKS

All title and copyrights in and to the Software, including but not limited to all original versions or modifications of the Software and any images and text incorporated into the Software, are owned by Avral and its suppliers. The software is protected by copyright laws and international copyright treaty provisions. You must treat the Software like any other copyrighted material. You may not claim or assert title to or ownership of the Software.

Avral, Avral logo, Avral tag-line, Tramigo and other Avral products are trademarks of Avral Technologies Limited. Microsoft, Windows 95, Windows 98, Windows NT, Internet Explorer, Windows 2000, Window XP and other Microsoft products are either registered trademarks or trademarks of Microsoft Corporation. Macromedia and Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. All other brand names and/or the names of actual companies and products or services may be the trademarks or service marks of their respective owners.

You may not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the materials obtained from Avral and its suppliers.

FEEDBACK OWNERSHIP

You agree to assign to Avral all ownership interest in any feedback associated with your evaluation and/or usage of Software. Avral or its affiliates will exclusively own and have title to all usage results and feedback received from you (such as questions, comments, suggestions, data files), and any modifications or derivatives of the Software based partially or entirely on these test results and feedback.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF AVRAL AND ITS SUPPLIERS TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT WILL AVRAL AND ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF AVRAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

IN THE EVENT THAT YOU USE THE SOFTWARE IN ANY MANNER NOT AUTHORIZED BY THIS AGREEMENT OR THE SOFTWARE DOCUMENTATION, YOU SHALL DEFEND, INDEMNIFY AND HOLD AVRAL ENTIRELY HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND COSTS) ARISING FROM OR IN CONNECTION WITH YOUR ACTS OR OMISSIONS.

TRANSFER OF LICENSE

If after registering the Software you wish to transfer this license to any other organization or individual, you must provide Avral with full contact details of this other organization or individual. If you had previously installed the Software, you must also promptly un-install the Software from the computer(s) where you had previously installed it. Avral reserves the right to grant or decline approval for a license transfer at its discretion.

TERMINATION

The license granted under this Agreement shall continue unless and until terminated by either party. You may terminate the license immediately upon un-installation of the Software. Avral may terminate the license granted immediately if you breach any term or condition of this Agreement.

NO OBLIGATION TO REFUND

You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction; therefore, you understand and agree that Avral is under no obligation to refund the Software registration fee and may do so at its own discretion.

SEVERABILITY

The provisions of this Agreement are severable. If any provision of this Agreement is found to be invalid or unenforceable, in whole or in part, that provision shall be modified to the extent necessary to make it valid and enforceable. If such modification is impossible, the invalid or unenforceable provisions will be stricken, and the remaining provisions will be in full force and effect.

WAIVER

A failure of Avral to exercise any of its rights regarding a breach of this Agreement shall not be deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach.

OTHER RIGHTS

All rights not expressly granted here are reserved to Avral Technologies Limited.

GOVERNING LAW

This Agreement shall be governed by the laws of New Zealand.

ENTIRE AGREEMENT

This is the entire agreement between you and Avral which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.