Wizard Sync 2009 1.2

EULA - End User License Agreement

End User License Agreement

The Software is provided on an "AS IS" basis, without warranty of any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. The entire risk as to the quality and performance of the Software is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, please contact Seven Options Limited (wizardsync.com) directly. Seven Options Limited (wizardsync.com) does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
INSTALLING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE IN ANY MANNER, AND PROMPTLY DELETE IT FROM YOUR COMPUTER
As part of our service, we agree to provide you with software, information, and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our products and services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as ''customer'' in this agreement.
Limitation Of Liability And Warranty

The customer agrees that use of the services and products provided by Seven Options Limited is entirely at the customer''s own risk. Services and products are provided ''as is,'' without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation the software licensed to the customer and the results obtained through the service. Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Customer specifically acknowledges the service is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.
Neither the software, products or services delivered by Seven Options Limited, nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of it or inability to gain access to or use the software or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.
This agreement shall be governed by the laws of the United Kingdom.
SOFTWARE is provided as is, and without warranty of any kind. To the maximum extent permitted by applicable law, Seven Options Limited, its suppliers, its distributors, and its affiliates, or others who may offer SOFTWARE, will not be liable for any damages whatsoever, whether direct or indirect, special, incidental, consequential, or punitive of any kind (including but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty - including of good faith or of reasonable care - negligence, and any other pecuniary or other loss whatsoever) arising out of, or in any way related to the use of, or inability to use our SOFTWARE or support services, or the provision of or failure to provide support services, or otherwise under, or in connection with SOFTWARE documentation, or any provision of these terms and conditions, even if Seven Options Limited or any supplier, distributor, or its affiliates has been advised of the possibility of such damages.
The SOFTWARE and the accompanying files are sold "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which SOFTWARE may be put, no warranty of fitness for a particular purpose is offered.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the SOFTWARE. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price. This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Seven Options Limited is not obligated to provide support, maintenance, or updates for the SOFTWARE (either by email, phone, or otherwise). However, any maintenance or updates provided by Seven Options Limited shall be covered by this Agreement.
RETURNS POLICY
Before purchasing software from Seven Options Limited, you are strongly encouraged to ''test drive'' it using the free and evaluation versions. In the event you encounter a problem with the product, contact our support department for assistance.
After your purchase, refunds will only be given at the discretion of the Company Management.
EVALUATION AND REGISTRATION
Subject to the terms of this agreement, you are hereby licensed to use the SOFTWARE for evaluation purposes without charge. The evaluation version of the SOFTWARE has limitations and reminders that the SOFTWARE is in use. For a full-featured, unrestricted version, a registration fee is required. Upon payment you will be sent an email that will provide the Serial Number to unlock the SOFTWARE.
DISTRIBUTION AGREEMENT
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and Seven Options Limited (hereinafter referred to as "AUTHOR") for distributing the computer software programs entitled Wizard Sync (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the SOFTWARE is authorized except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software License Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different license AGREEMENT signed by AUTHOR, your use of this SOFTWARE indicated your acceptance of this license AGREEMENT.
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "Software License Agreement".
GENERAL DEFINITIONS
As stated, the SOFTWARE is marketed as SHAREWARE.
Definition of Shareware
Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version).
Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group.
Shareware is a distribution method, not a type of software.
• AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.
• The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.
• You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE).
• Since the SOFTWARE is intended for distribution only as SHAREWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies of the SOFTWARE to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof.
• You recognize that your right to distribute the SOFTWARE is nonexclusive and that AUTHOR can terminate the license granted to you at any time for any reason upon notice. AUTHOR reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT.
• You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation and other materials distributed with the SOFTWARE are free from viruses.
• You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole or in part, except as expressly provided for herein.
• You may not rent or lease the SOFTWARE to anyone.
• AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
• You will hold AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE.
• If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.
• This agreement shall be governed by the laws of the United Kingdom.

Distribution
• Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer Protocols: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
• Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment: The SOFTWARE and associated files may be copied, and used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
• Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types by Anonymous access FTP/WWW Shareware Archives: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
• Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. We would greatly appreciate if you would contact us about any review(s) you write about the SOFTWARE at http://www.wizardsync.com
• Distribution in a Retail Environment, Book Companion Disk / CD-ROM / Other Disk Types (Book): You may not distribute the program without obtaining explicit permission from AUTHOR.
• Other (e.g. Retail not covered above) CD-ROM Shareware Distribution: You may not distribute the program without obtaining explicit permission from AUTHOR.
• Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this SOFTWARE on your disk/CD only as bundled shareware with other programs without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. If you intend to provide the program for your own diagnostic purposes then you may not distribute the program without obtaining explicit permission from the AUTHOR.
• Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from AUTHOR.
• Other Type of Distribution: Please contact AUTHOR for details.
BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT''S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Seven Options Limited
http://www.sevenoptions.com

Seven Options Limited © 2008