EULA

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EULA

END-USER LICENSE AGREEMENT FOR EXTRABITS

1. Introduction

This License applies to the ExtraBits Windows File Explorer Extension software and its accompanying files, data and materials ("ExtraBits"). You should carefully read the following terms and conditions before using, installing, copying, or distributing this software. Unless you have a different license agreement signed by ExtraBit Software ("ExtraBit").  Your use, installation, copying, or distribution of ExtraBits indicates your acceptance of this agreement. There are two licenses available for ExtraBits, "Free" and "Pro" which are described in section 2.

2. Scope of License

All rights of any kind in ExtraBits which are not expressly granted in this License are entirely and exclusively reserved to and by ExtraBit. ExtraBits is protected by copyright laws and other applicable laws and treaties. You may use, install and distribute ExtraBits solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, ExtraBits, nor permit anyone else to do so. You may not make access to ExtraBits available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

2.1. Free License

The Free license for ExtraBits is for NON COMMERCIAL USE ONLY.

For the avoidance of doubt, commercial use is anything other than:

Personal use on a home computer, or

Educational use on a computer owned by a recognized school, college or university, or

Charitable use on a computer owned by a registered charity.

 

If you want to use ExtraBits for any other purpose, you need to use the Pro license for ExtraBits.

Furthermore, when using ExtraBits with the Free license, the functionality of the software will only be available if 100 or fewer items are selected in Windows File Explorer before activating the ExtraBits menu commands.  If you want to remove this restriction, you will need to buy a Pro license for ExtraBits.

2.2. Pro License

The Pro license for ExtraBits may be used for any purpose and has no built-in restrictions.

Pro licenses must be purchased from www.extrabit.com or an authorized distributor/reseller.

Each ExtraBits Pro License may be used on a single computer. Each license is nontransferable.

If you or your organization has a valid multi-license pack of Pro licenses, then you or your organization has the right to use up to the number of "Licensed Copies" of ExtraBits equal to the number of copies indicated in the documents issued by ExtraBit when granting the license; if you or your organization has a site-license, then you or your organization has the right to use unlimited "Licensed Copies" of ExtraBits on computers owned by the licensee or employees of the licensee provided they are all used at a single site (a site being defined as one or more buildings within a 10 mile radius); if you or your organisation has a worldwide-license, then you or your organization has the right to use unlimited "Licensed Copies" of ExtraBits on computers owned by the licensee or employees of the licensee.

3. Distribution

You may make as many copies of this software and documentation as you wish.  You may freely distribute this software by any means provided that you include all files in the original distribution, and none of the files are altered in any way.

The Pro license token(s) must not be distributed beyond the individual/organization that purchased them and/or the end user(s) that the Pro license(s) were purchased for.

4. Warranty Disclaimers and Liability Limitations

EXTRABITS, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXTRABIT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, EXTRABITS. EXTRABIT DOES NOT WARRANT THAT THE OPERATION OF EXTRABITS WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, EXTRABIT SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, EXTRABITS. ANY LIABILITY OF EXTRABIT WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO EXTRABIT. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, IN NO EVENT SHALL EXTRABIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF EXTRABITS, OR TO YOUR RELATIONSHIP WITH EXTRABIT, (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, IN NO EVENT DOES EXTRABIT AUTHORIZE YOU OR ANYONE ELSE TO USE EXTRABITS IN APPLICATIONS OR SYSTEMS WHERE EXTRABITS' FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD EXTRABIT HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

5. General

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of England. There are no third-party beneficiaries of any promises, obligations, or representations made by ExtraBit herein. Any waiver by ExtraBit of any violation of this License by you shall not constitute, nor contribute to, a waiver by ExtraBit of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

 

ExtraBits Copyright © 2017 by ExtraBit Software. All rights reserved.