SOFTWARE LICENCE AGREEMENT
For
FetchBoy Home, Pro and Ultimate Editions Version 5

This Software Licence Agreement (hereinafter referred to as "AGREEMENT") is a legal agreement between you, and "SysDev Laboratories UK Limited" (hereinafter referred to as the "OWNER") for the computer program entitled FetchBoy Home and its derivative products entitled FetchBoy Pro and Ultimate, Shareware Version (product version 5) including any enclosed documentation and/or accompanying items (hereinafter referred to as the "SOFTWARE").

This AGREEMENT states the terms and conditions by which the OWNER offers to license the SOFTWARE.

This agreement is binding upon you as well as anyone taking any action with regard to your copy of the SOFTWARE at your instruction or not. This applies to any third party as well.

You should carefully read the following terms and conditions before using this SOFTWARE. By using the software in any way (including installation, copying, exploitation and so on), you accept these terms. If you do not accept them, do not use the software, return it to the retailer for a refund or credit.


TERMS AND CONDITIONS

1. LICENCE.

The software is licensed, not sold. This agreement only gives you some rights to use the software. The OWNER reserves all other rights. Software version 5 or major updates of version 5 means any SOFTWARE version with first component (before the dot) equal to five (e.g. 5.0, 5.0.1, 5.2 etc.).

1.a EVALUATION LICENCE.

For evaluation use, subject to the terms and conditions of this AGREEMENT, the OWNER grants you the following limited rights: to run and exploit the software for evaluation purposes without charge for an unlimited time period. When using the software for evaluation you must comply with any technical limitations in the software ("TRIAL LIMITS"). For more information about technical limitations please visit: http://www.fetchboy.co.uk/download.php

To use the software without TRIAL LIMITS you must pay a fee for either a Personal Licence (paragraph 1.b) or a Small Medium Enterprise Licence (paragraph 1.c) or a Corporate Licence (paragraph 1.d) or a One Time Licence (paragraph 1.e) or a Small Office Home Office licence (paragraph 1.g) and activate your copy of the SOFTWARE with the Software Registration Code (paragraph 1.g).

1.b PERSONAL LICENCE.

For personal use, subject to the terms and conditions of this AGREEMENT, the OWNER grants you the following limited rights: to exploit, to advertise and to make copies of the SOFTWARE for backup purposes. All other rights are reserved by the OWNER. You are granted a licence to use the software for an unlimited time period (subject to paragraph 10 of this agreement), on any computer, owned by you. You are NOT granted a licence to install the SOFTWARE on third party computers. You are NOT granted a licence to use the software for business purposes.

These rights apply to a single SOFTWARE edition only, across the multiple Operating System platforms as listed in paragraph 1.h and to software with major version 5.

You may activate your licence on any computer owned by you. You are entitled to five (5) activations, immediately at your disposal. Each activation will last 30 days. A further bonus activation will become available every 60 days after the first activation. Bonus activations are not cumulative and a maximum of six bonus activations are available in any one year period. Once the activation has expired and you wish to use the software again on the same machine and operating system this will require a further activation.

Any licence to FetchBoy software products with a version number other than version 5 does not grant you a licence for the SOFTWARE. A licence for a specific edition of FetchBoy (i.e. either the Home, the Pro edition or the Ultimate edition) does not mean you have a licence for a different edition of FetchBoy.

To be eligible for Personal Licence use, you must pay a SOFTWARE Personal Licence registration fee and activate your software copy with Software Registration Code (paragraph 1.g).

1.c SME LICENCE.

For office and business use, subject to the terms and conditions of this AGREEMENT, OWNER grants you the following limited rights: to exploit (subject to paragraph 4 of this AGREEMENT), to advertise and make copies of the SOFTWARE for backup purposes. All other rights are reserved by OWNER.

These rights apply to a single SOFTWARE edition only, across the multiple Operating System platforms as listed in paragraph 1.h and to software with major version 5.

You are granted a licence to use the software for a period 366 days from the first activation (subject to paragraph 10 of this agreement), on up to ten (10) computers owned by you. A further bonus activation will become available every 60 days after the first activation. Bonus activations are not cumulative and a maximum of six bonus activations are available in any one year period. Each activation will last 30 days. Once the activation has expired and you wish to use the software again on the same machine and operating system then this will require a further activation. All activations will expire 366 days after the first activation.

Any licence to FetchBoy software products with a version number other than version 5 does not grant you a licence for the SOFTWARE. A licence for a specific edition of FetchBoy (i.e. either the Home edition, the Pro edition or the Ultimate edition) does not mean you have a licence for a different edition of FetchBoy.

You are NOT granted a licence to install the SOFTWARE on third party computers.

To be eligible for SME use, you must pay a SOFTWARE Licence registration fee and activate your software copy with the Software Registration Code (paragraph 1.g).

1.d CORPORATE LICENCE.

For office and business use, subject to the terms and conditions of this AGREEMENT, OWNER grants you the following limited rights: to exploit (subject to paragraph 4 of this AGREEMENT), to advertise and make copies of the SOFTWARE for backup purposes. All other rights are reserved by OWNER

You are granted a licence to use the software for a period 366 days from the first activation (subject to paragraph 10 of this agreement). If you wish to use the software after this time, you will be required to purchase a new license.

You are granted the following activations; Ten (10) activations of FetchBoy Home, ten (10) activations of FetchBoy Pro and five (5) activations of FetchBoy Ultimate. Each activation will last thirty (30) days.

For each edition, a further bonus activation is automatically available every sixty 60 days. Bonus activations are not cumulative and a maximum of six bonus activations are available in any one year period for each edition of the software. Once the activation has expired and you wish to use the software again on the same machine and operating system then this will require a further activation. All activations will expire 366 days after the first activation.

You are NOT granted a licence to install the SOFTWARE on third party computers.

You may activate your licence on any computer you own according to our licence activation policy.

Any licence to FetchBoy software products with a version number other than version 5 does not grant you a licence for the SOFTWARE. A licence for a specific edition of FetchBoy (i.e. either the Home edition, the Pro edition or the Ultimate edition) does not mean you have a licence for a different edition of FetchBoy.

To be eligible for Corporate Licence use, you must pay a SOFTWARE Corporate Licence registration fee and activate your software copy with the Software Registration Code (paragraph 1.g).

1.e ONE TIME LICENCE.

For office and business use, subject to the terms and conditions of this AGREEMENT, OWNER grants you the following limited rights: to exploit (subject to paragraph 4 of this AGREEMENT), to advertise and make copies of the SOFTWARE for backup purposes. All other rights are reserved by OWNER.

You are granted a licence to use the software for a limited time period (subject to paragraph 10 of this agreement), on a single computers, owned by you. You are allowed a single activation of the software. The activation period will last 30 days. Once the activation has expired and you wish to use the software again on the same machine and operating system, this will require a further licence and activation. You are NOT granted a licence to install the SOFTWARE on third party computers.

Any licence to FetchBoy software products with a version number other than version 5 does not grant you a licence for the SOFTWARE. A licence for a specific edition of FetchBoy (i.e. either the Home edition, the Pro edition or the Ultimate edition) does not mean you have a licence for a different edition of FetchBoy.

To be eligible for One Time Licence use, you must pay a SOFTWARE One Time Licence registration fee and activate your software copy with the Software Registration Code (paragraph 1.g).

1.f Small Office Home Office licence.

For office and business use, subject to the terms and conditions of this AGREEMENT, OWNER grants you the following limited rights: to exploit (subject to paragraph 4 of this AGREEMENT), to advertise and make copies of the SOFTWARE for backup purposes. All other rights are reserved by OWNER.

You are granted a licence to use the software for a period 366 days from the first activation (subject to paragraph 10 of this agreement), on up to five computers, owned by you. A further bonus activation will become available every 60 days after the first activation. Bonus activations are not cumulative and a maximum of six bonus activations are available in any one year period. Each activation will last 30 days. Once the activation has expired and you wish to use the software again on the same machine and operating system then this will require a further activation. All activations will expire 366 days after the first activation.

You are NOT granted a licence to install the SOFTWARE on third party computers.

These rights apply to a single SOFTWARE edition only, across multiple Operating System platforms as listed in paragraph 1.h and to software with major version 5.

Any licence to FetchBoy software products with a version number other than version 5 does not grant you a licence for the SOFTWARE. A licence for a specific edition of FetchBoy (i.e. either the Home edition, the Pro edition or the Ultimate edition) does not mean you have a licence for a different edition of FetchBoy.

To be eligible for Small Office Home Office use, you must pay a SOFTWARE Licence registration fee and activate your software copy with the Software Registration Code (paragraph 1.g).

1.g SOFTWARE REGISTRATION CODE.

The Software Registration Code is the special sequence of symbols that, along with software Registration Name, or alone, could be used to identify the user as an eligible user for software Licence and to turn off SOFTWARE TRIAL LIMITS.

Only the Author (see paragraph 2), OWNER or authorized resellers are granted the right to issue, publish or pass to end-users or third-parties any Software Registration Codes. Any unauthorized Registration Code publishing or transfer is cause for Licence termination.

The OWNER has the right to change registration codes as part of SOFTWARE updates. To update the SOFTWARE in this case (subject of paragraph 6) you have to request a registration code update from the OWNER.

Any SOFTWARE Licence may be verified by the OWNER for validity using the Software Registration Code.

1.h OPERATING SYSTEM PLATFORM

You are granted a licence to use the SOFTWARE on the following OS platforms: MAC OS, Windows, Linux and FreeBSD platforms.

2. COPYRIGHT.

The SOFTWARE is copyrighted by Bogdan G. Shulga (the Author) as stated in the Certificate of Copyright registration #23163, issued by State Department of Intellectual Property of Ukraine. The OWNER is authorized to use, modify and sub-license the SOFTWARE under agreements with the Author.

The Author's and the OWNER's rights are protected by Ukrainian copyright laws, other copyright laws and international treaties. The OWNER reserves all the rights regarding the SOFTWARE granted by the Author. The OWNER authorizes usage of the SOFTWARE only in accordance with the terms and conditions stated in this AGREEMENT. You may not remove any copyright or proprietary notices from the SOFTWARE.

3. GENERAL USAGE.

Neither you, anyone at your instruction, nor any third party, shall take the following actions with regard to the SOFTWARE, or any portion thereof to work around any technical limitations in the SOFTWARE; modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the SOFTWARE. In any event, you will notify the OWNER of any information derived from reverse engineering or such activities and the results thereof will constitute confidential information property of the OWNER, which may be used only in connection with the SOFTWARE. If you seek interface information you should initially approach the OWNER.

4. COMMERCIAL USAGE.

4.a PERSONAL LICENCE.

Any commercial (for-profit) use is prohibited unless you have a different licence AGREEMENT, signed by OWNER and allowing commercial use. Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the SOFTWARE, or any portion thereof. Neither you, anyone at your instruction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof; to sell, rent, lend, lease, commercially exploit or use the SOFTWARE for any commercial or for- profit purpose.

4.b BUSINESS LICENCE.

Commercial (for-profit) exploitation is allowed if the software is licensed under a Small Office Home Office licence (1.f), Small Medium Enterprise Licence (p.1.c) or a Corporate Licence (p.1.d). However, neither you, nor anyone at your instruction, nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof; to sell, rent, lend, lease or use the SOFTWARE for any commercial (for- profit) purpose except of direct exploitation.

5. DISTRIBUTION.

Refer to the "Shareware Version Distribution Licence" document if you want to distribute the SOFTWARE. In addition you are also bound by the terms and conditions of this AGREEMENT.

6. UPDATES.

The OWNER reserves the right to update the contents of the SOFTWARE and its associated files, documentation, licence terms and/or other elements, at its discretion from time to time, without the consent of or any obligation to, any licensed users or distributors. Unless this Licence terminates, you have rights to update your software copy free of charge within same major version 5 (5.1, 5.2.. etc.)

7. NO WARRANTY.

THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. THE OWNER DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR MEET ANY REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT THE OWNER OR THE AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.

8. REMEDIES.

THE OWNER WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY ABOVE THE AMOUNT YOU PAID FOR THE SOFTWARE (IF ANY) FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.

9. TRANSFER.

Neither your Licence nor any part or portion of it shall be assigned or sub-licensed.

10. TERM.

For business users (i.e., Small Office Home Office users, Small Medium Enterprise users and Corporate users) the Licence is Valid for 366 days from the date of the first activation. The Licence will automatically expire after 366 days and business customers must renew the licence to continue.

The licence does NOT expire on FetchBoy Home edition for Personal licence users and thus Personal Licence users are allowed to use the software as defined by the activation policy for the personal licence. This policy states that you may activate your licence on any computer owned by you and have five (5) activations, immediately at your disposal and thereafter, a further bonus activation becomes available every 60 days. Bonus activations are not cumulative and there are a maximum of 6 bonus activations per calendar year. Each activation period will last 30 days. Once the activation has expired and you wish to use the software again on the same machine and operating system then this will require a further activation.

The One Time Licence is valid for a single activation. Each activation period will last 30 days. Once the activation has expired and you wish to use the software again on the same machine and operating system then this will require a further activation. For both personal and business users (i.e. Small Office Home Office users, Small Medium Enterprise users and Corporate users) this licence and your right to use the SOFTWARE terminates automatically if you violate any part of this AGREEMENT without prior permission from OWNER. You can also terminate this licence at any time. You agree upon termination to destroy all copies of the SOFTWARE immediately. Upon termination the OWNER may also enforce any rights provided by law.

11. INDEMNIFICATION.

You hereby agree to indemnify, hold harmless and defend the OWNER, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgments and all expenses arising from, resulting to, or in connection with a breach of this AGREEMENT by you and arising from, relating to, or in connection with your use or non-use of the SOFTWARE.

12. RESTRICTED RIGHTS.

The SOFTWARE and any related documentation is provided with restricted and limited rights. Use, duplication and disclosure by U.S. Government is subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are using this software outside the U.S. you agree to be bound by the applicable law in your country.

13. SURVIVAL.

a. Should any provision of this AGREEMENT be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this AGREEMENT shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.

b. The following provisions shall survive the expiration or early termination of this AGREEMENT: paragraphs 2, 3, 4. and 11.

14. ENTIRE AGREEMENT.

This AGREEMENT along with the separate "Refund Policy" and "Upgrade Policy" documents constitute the entire AGREEMENT between you and the OWNER and supersedes any prior written or oral agreement concerning the SOFTWARE. The OWNER is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this AGREEMENT shall be valid or binding upon the OWNER unless it is written.

15. APPLICABLE LAW.

This AGREEMENT shall be governed by the laws of the Ukraine. You agree to jurisdiction and venue in the courts located in Donetsk, Ukraine for all claims, disputes and litigation arising under or related to this AGREEMENT. The export of this product is governed by Ukrainian export regulations.

BY USING 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.

Third-party modules may be bundled with the software and are subject to separate licence terms that are not covered under this agreement. Any such separate licence terms are provided in a text file accompanying this individual third-party module.

If you do not agree with the terms and conditions of this AGREEMENT or do not understand any of them you should un-install and destroy your copy of the SOFTWARE immediately.