End User License Agreement - EZAnalyze TimeTracker
EZAnalyze TimeTracker is copyrighted © 2010, 2012 by Timothy Poynton. All rights are reserved and retained by Timothy Poynton and EZAnalyze. To use EZAnalyze TimeTracker, you MUST agree to the following license agreement. If you do not agree with the following license agreement, do not use this program, and click 'Cancel' below.
This license agreement is a legal document and contract. Please read it carefully – it is not a typical “freeware” license. EZAnalyze TimeTracker does not contain any adware or spyware – it is a macro-enabled Excel Spreadhsheet that helps you organize information.
License Agreement
1. For the purposes of this License Agreement, “Software” and “Software Product" refer to the EZAnalyze TimeTracker file and associated media, printed materials, and “online” or electronic documentation, including any and all executable files, tutorials, help files, and other files that accompany this product.
EZAnalyze TimeTracker is owned by Timothy Poynton, and is protected by United States copyright laws, international copyright treaties, and all other applicable national laws. Title, ownership rights, and intellectual property rights in and to the software shall remain with Timothy Poynton. By downloading and using EZAnalyze TimeTracker, you are being given a single license to use the software.
2. Grant of License
(i) Installation and Use. You may install and use a copy of the Software that you have personally downloaded from the EZAnalyze web site on a single computer. The Software may be installed on multiple computers from a single download in an educational computer lab (University of K-12 Education setting) provided that the restrictions listed in sections three and four below are adhered to.
(ii) Reproduction and Distribution. You may not reproduce or distribute the Software in any manner. If you need to obtain another copy of the Software, visit the EZAnalyze website. No copy of the Software shall be offered for resale, rent, lease or disclosed to any third party for any reason.
3. Distribution
Distribution of EZAnalyze TimeTracker is expressly forbidden without the written permission of Timothy Poynton. All copies of EZAnalyze TimeTracker must be downloaded from the website, and this agreement must be accepted to use the Software each time. You are specifically prohibited from charging or requesting donations for this software, and from distributing the Software and/or documentation with other products (commercial or otherwise) without prior written permission. Use the contact form available at www.ezanalyze.com/contact.htm to make such requests.
4. Description of other limitations
The license to use the Software and related files and documentation
are subject to the following limitations:
(i) The license is granted to you for personal and educational
purposes only. You may not use the software for commercial purposes.
Commercial purposes include charging for training in how to use this
Software. If you are a professional development provider, please contact
Timothy Poynton to obtain permission to provide training for which funding
of any sort is charged by the provider.
(ii) You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
(iii) Separation of Components. The Software, documentation, and related files are licensed as a single product. Its component parts may not be separated for use on more than one computer except for the purpose of execution of the Software on your computer network, and only during the time such execution is underway.
(iv) Software Transfer. You may not transfer any of its rights under this Agreement.
(v) Confidentiality. You may not in whole or in part disclose the Software to any third party.
5. Copyright
All title and copyrights in and to the Software, any accompanying files and any copies of the Software are owned by Timothy Poynton. The Software is protected by copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. 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 Agreement grants you no rights to use such content.
6. Technical Support
No technical support is available or provided.
7. Disclaimer of Warranty and Limitation of Liability
THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
WILL TIMOTHY POYNTON OR EZANALYZE BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE
OF OR INABILITY TO USE THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TIMOTHY POYNTON AND EZANALYZE SHALL NOT BE LIABLE FOR
ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, COST
PROFITS OR REVENUE, LOSS OF USE OF THE UTILITY, LOSS OF DATA OR EQUIPMENT,
THE COSTS OF RECOVERING SOFTWARE, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE
SOFTWARE, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR
COSTS.