AGREEMENT FOR VARIAD SOFTWARE
PRODUCT: BetterSysTray(tm) ActiveX Control
IMPORTANT - READ CAREFULLY: IT IS NECESSARY FOR YOU TO READ, UNDERSTAND, AGREE AND BE
BOUND TO THE TERMS OF THIS AGREEMENT BEFORE INSTALLING THIS SOFTWARE PRODUCT. This Variad
End-User License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Variad Corporation ("VARIAD") for the
software product(s) listed above, which may include computer software, printed materials,
associated software components, "online" or electronic documentation
("SOFTWARE"). By installing, copying, or using this SOFTWARE, you agree to be
bound to the terms of this EULA. If you do not agree to the terms of this EULA, do not
use, copy or install this SOFTWARE. You may return the SOFTWARE in its entirety to the
place where you purchased it for a full refund.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
I. GRANT OF LICENSE. VARIAD grants to you as an individual, a personal, non-exclusive
license to use this SOFTWARE solely for internal purposes, as follows:
A. USE. You may install the SOFTWARE on as many computers as you like, provided that you
are the only user of the SOFTWARE and that it is used by you on only one computer at a
time. You may not distribute this SOFTWARE to other developers in a group, unless a
license is purchased for each member of the group using the SOFTWARE.
B. BACKUP. You may make additional copies of the SOFTWARE for backup or archival purposes
only. These copies shall not be used for distribution, such as on a network server or
other publicly accessed media.
C. EVALUATION. Prior to purchasing a license of this SOFTWARE, VARIAD grants a license to
use the SOFTWARE free of charge for 30 days from the date of initial installation only for
the purpose of evaluating whether to purchase an ongoing license to the SOFTWARE, provided
the terms of this EULA are followed. After the evaluation period, continued use of the
SOFTWARE or any program compiled using the SOFTWARE requires purchase of a valid license.
II. ADDITIONAL RIGHTS AND LIMITATIONS.
A. Distribution. You may not commercially distribute, sub-license, resell, rent, lease or
otherwise transfer for any consideration, or reproduce for any such purposes, the SOFTWARE
or any modification or derivation thereof, either alone or in conjunction with any other
products or programs, except as defined by the section in this EULA under REDISTRIBUTABLE
B. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not
disassemble, reverse engineer, modify, decompile, or otherwise abuse the intended purpose
under this EULA.
C. Transfer. You may not transfer any of your rights under this EULA to any other
D. Applicable Laws. You must comply with all applicable laws regarding use of this
III. COPYRIGHT. Title, ownership rights, and intellectual property rights in and to the
SOFTWARE shall remain with VARIAD or its suppliers. The SOFTWARE is protected by copyright
laws and international copyright treaties, as well as other intellectual property laws and
treaties. All title and intellectual property rights in and to the content which may be
accessed through use of the SOFTWARE is the property of the respective content owner and
may be protected by applicable copyright or other intellectual property laws and treaties.
This EULA grants you no rights to use such content. All rights not expressly granted are
reserved by VARIAD.
IV. TERMINATION. Without prejudice to any other rights, VARIAD may terminate this EULA if
you fail to comply with the terms and conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE and related materials.
V. NO WARRANTIES. VARIAD expressly disclaims any warranty for the SOFTWARE. THIS SOFTWARE
IS PROVIDED "AS IS." VARIAD ASSUMES NO RISK IF THIS SOFTWARE DOES NOT FUNCTION
PROPERLY OR OPERATE ERROR FREE AND VARIAD MAKES NO WARRANTIES, EITHER EXPRESSED OR
IMPLIED, WITH RESPECT TO THE SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, VARIAD SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING
PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR
INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER
CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE. The entire risk arising out of use or performance of the
SOFTWARE remains with you.
VI. LIMITATION OF LIABILITY. In no event shall VARIAD be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss) arising out of
the use of or inability to use this SOFTWARE, even if VARIAD has been advised of the
possibility of such damages. Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the above limitation
may not apply to you.
VII. REDISTRIBUTABLE COMPONENTS.
A. Redistributable Code. In addition to the rights granted in Section I, VARIAD grants you
a nonexclusive, royalty-free right to reproduce and redistribute files
("REDISTRIBUTABLES") designated as redistributable, provided you comply with the
(i) Under VARIADs copyright and subject to all the conditions in this agreement,
VARIAD authorizes only the licensed, registered user of this product to reproduce and
distribute exact copies of the files that VARIAD has designated as REDISTRIBUTABLES.
Copies of REDISTRIBUTABLES may only be distributed with and for the sole purpose of
executing application programs permitted under this agreement that you have written using
(ii) If you redistribute the REDISTRIBUTABLES, you agree to: (A) distribute the
REDISTRIBUTABLES in object code only in conjunction with and as a part of a software
application product developed by you that adds significant and primary functionality to
the SOFTWARE ("APPLICATION"); (B) not use VARIADs name, logo, or
trademarks to market your APPLICATION product; (C) include a valid copyright notice on
your APPLICATION; (D) indemnify, hold harmless, and defend VARIAD from and against any
claims or lawsuits, including attorneys fees, that arise or result from the use or
distribution of your APPLICATION product; (E) not permit further distribution of the
REDISTRIBUTABLES by your end user.
VII. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government
is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial
Computer - Restricted Rights clause at FAR 52.227-19 when applicable and in similar
clauses in the DFAR 252.227-7013, and NASA FAR Supplements. Contractor / manufacturer is
Variad Corporation. P.O. Box 230605 Portland, OR 97223.
VIII. MISCELLANEOUS. This EULA is governed by the laws of the State of Oregon, U.S.A. If
any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severed from this EULA and shall not affect the validity or
enforceability of the remaining provisions of this EULA. This EULA is the complete
statement of the agreement and supersedes any proposal or prior communications between
VARIAD and the user relating to the subject matter of this EULA. If you have any questions
regarding this EULA or if you want to use this SOFTWARE for purposes other than
evaluation, please contact VARIAD in one of the following ways, shown below:
P.O. Box 230605
Portland, OR 97223