MobilMon – Copyright © 2008 Brian Dunn
ALL RIGHTS RESERVED
End User License Agreement (EULA)
Brian Dunn (“Technonaut”) grants you the right to use the software product as defined in § 1 according to the following provisions. If you do not agree to all conditions set forth by this license, you may not use the product, because only Technonaut as the product’s owner can give you permission to use it.
§ 1 Subject of license. “Product”, as referred to in this License, shall be the binary software package “MobilMon 0.5”, which allows for monitoring file system activity by collecting log data of such activity and, optionally, saving this information to an external file. The Product consists of executable files in machine code for the Windows Mobile 5 and 6 operating systems as well as other data files as required by the executable files at run-time and documentation in electronic form.
§ 2 Grant of license. (1) Technonaut grants you a limited, revocable personal right to install and execute the Product for legal purposes in accordance with the legal code of the
§ 3 Reservation of rights. You have no rights other than those expressly granted by this EULA. Any use beyond the provisions of the EULA is prohibited. Technonaut reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, lend, sell, or otherwise distribute the Product. This does not apply as far as applicable law may require it or Technonaut grants you additional rights of use in a separate license in writing.
§ 4 Termination. This License shall be valid indefinitely. Technonaut may terminate the License at any time without prior notice. After termination, you are required to delete and destroy all remaining copies of the Product. This includes, but is not limited to, installed copies and backups.
§ 5 No warranties. Since you have not paid for the use of the Product, there is no warranty for it, to the extent permitted by applicable law. Technonaut provides the Product “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction. In addition, Technonaut shall be allowed to provide updates to the Product in urgent cases. You are then obliged to install such updates. Such an urgent case includes, but is not limited to, a claim of rights to the Product by a third party.
§ 6 Miscellaneous. There are no license terms beyond the written ones in this agreement. Amendments of, additions to and the revocation of this agreement shall require the written form. Written form shall include the posting by Technonaut of such updates to the product website, currently www.mobilmon.com. Such updates shall be binding upon you immediately, need not be communicated to you otherwise, and shall supercede all prior terms and conditions. The same shall apply to the preceding written form requirement. Standard business conditions of the parties shall not apply. Place of performance and legal venue shall be
§ 7 Smart Device Framework. Product may include the Smart Device Framework binaries owned by www.opennetcf.org which is subject to additional limitations. Technonaut grants you no license or rights to such binaries, as Technonaut does not own such binaries. Their distribution and use are subject to additional limitations as imposed by www.opennetcf.org.
§ 8 Developmental Software. This software is considered developmental, meaning that it has not been fully tested. Product may possess bugs for which no remedy is offered. Technonaut assumes absolutely no responsibility for any consequence of your acquisition, installation, use, storage, de-installation, or any other use – intended or unintended – of Product. Use it at your own risk.
§ 9 Assumption of Liability. You assume all liability arising from your acquisition, installation, use, storage, de-installation, or any other use – intended or unintended – of Product.