Updated: 18-December-2008
1. Grant of License. This is a legal Agreement between you (either an individual or a single entity) and RealeStudios, LLC ("RealeStudios"). The terms of this Agreement govern your use of the Software product identified above (the "Software"). By requesting this Software, you are agreeing to be bound by this Agreement. By clicking on the "yes" button below, you acknowledge that you have read these terms and agree to be bound by them. If you do not agree to the terms of this Agreement, RealeStudios is unwilling to grant you a license to use this software. In this case, you should click on the "no" button below and remove all components of the Software from your computer.
Subject to the terms and condition of this Agreement, RealeStudios hereby grants to you a non-excusive license to use the Software under the terms set forth below:
Software. You may install the software on as many computers as you wish, provided that you have direct control over those computers or are responsible for their ongoing support. There is no charge for using RealeWriter in its non-activated mode.
Activation Codes. You may install a RealeWriter Pro activation code issued to you on the number of computers indicated by the license. When you install an activation code, you agree to allow our server to monitor, facilitate, and record the activation. Depending on the license you purchase, you may be requested or requied to register your activation code during its first use. Registration involves submitting your name, email address, organization name, street address, and phone number.
Single User License. You may install the activation code accompanying a RealeWriter Pro Single User License on up to three (3) computers under your direct control, such as in your home. This is intended as a convenience so that an individual user need not uninstall the product on one computer before using it on another. This does not extend a RealeWriter Pro license to three simultaneous users. Registration of your activation code during its first use is strongly recommended.
School Site License. You may install the activation code accompanying a RealeWriter Pro School Site License on all computers at one (1) physical school site. Registration of your activation code during its first use is required.
Multi User License. You may install the activation code accompanying a RealeWriter Pro Multi User License on up to fifty (50) computers spanning ten (10) physical sites. Registration of your activation code during its first use is required.
Storage/Network Use. You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software over an internal network; however, you must acquire and dedicate a license for each individual who will use the Software in activated (or "Pro") mode. If the Software is installed on a network server or other system that physically allows shared access to the Software, you agree to provide technical or procedural methods to prevent use of the Software in activated mode by individuals not specifically licensed to use the Software in activated mode pursuant to this Agreement.
RealeStudios retains ownership, title and intellectual property rights in and to the Software and documentation, both as originally recorded and all subsequent copies made. This license is not a sale of the original Software or a copy. This Software is licensed only to you and may not be transferred, assigned, rented, leased, sold or otherwise disposed of to anyone else.
2. Restrictions. The Software is protected by both United States copyright law and international treaty provisions. Unauthorized copying of the Software is expressly forbidden. You may not distribute fully executable copies of this Software to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. You may be held legally responsible for any copyright infringement that is caused or incurred by your failure to abide by the terms of this Agreement. Subject to these restrictions, you may make one copy for archival use; that is, for the sole purpose of backing up your Software and protecting your investment from loss, as long as the archival copy contains the same proprietary notices as appear in this Software.
3. Termination. This License is effective until terminated. This license will terminate automatically without notice from RealeStudios if you fail to comply with any provisions of this License. Upon termination you shall destroy all copies of the Software.
4. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS DELIVERED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER REALESTUDIOS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL REALESTUIDIOS BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR FOR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF REALESTUIDIOS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. You consent to the jurisdiction of the state and federal courts located in the State of Colorado for all disputes related to this Agreement.