PCFerret 2.2.3.1008

EULA - End User License Agreement

The free version of PCFerret
End User License Agreement (EULA) for PCFerret

It is strongly recommended that you read and understand the content of this EULA prior to accepting its content.

1. General

This is a legal agreement for the PCFerret product (software). This agreement is between the user (you / your) and PCFerret (the company). PCFerret is a registered business name in the state of Washington and is a trading name of Ken Haynes Consultancy, which is also a registered business in the state of Washington. PCFerret, Ken Haynes Consultancy and Ken Haynes are for all intents and purposes, the same entity in respect to PCFerret, the software product. The software is Copyright of PCFerret 2002-2015.

This EULA constitutes the entire agreement between you and the company in respect to the software. No acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorized officer of the company shall replace, modify, amend or override this EULA. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by the company of any breach of any term or provision of this EULA shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof. The company’s various rights and remedies hereunder shall be construed to be cumulative and no one of them is exclusive of any other or of any right or remedy allowed by law or in equity. This EULA shall be governed by the laws of Washington State, United States of America, excluding its conflict of law provisions, and the extent the local law of your local jurisdiction requires use of your local jurisdiction's law, and shall benefit the company, its successors and assigns.

By installing, copying, or otherwise using the software, you agree to be bound by the terms of this EULA. You must indicate your agreement to be bound by the terms of this EULA by clicking on the radio button adjacent to the text “I have read, accept and agree to the terms stated in this EULA” during the software installation process. Failing to perform this action will disallow the installation of the software. If you do not agree to the terms of this EULA, you may not install, use or distribute the software.

If you are installing the software on a computer that is not owned by you, you are bound by the terms of this EULA both in your individual capacity and as an agent of the owner of the computer, and your actions will bind the owner of the computer. You represent and warrant to the company that you have the capacity and authority to enter into this EULA on your own behalf as well as on behalf of the owner of the computer on which the software is being installed. For the purpose of this EULA, the 'owner' of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.

2. Internet Access

The software will check the company's server for updates to the software every time the software is run, in order to ensure that you are using the latest version. It makes this check via your Internet connection. This feature can be disabled via the Options screen. You can also check for updates to the software via the software's Help -> Check For Updates, menu option. The software does not send any personally identifiable information to the company's server and the Internet connection session is used for no other purpose. Acceptance of this EULA also shows acceptance of the software's Internet usage.

3. Copyright

The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, text, and 'applets' incorporated into the software) are owned by the company or its suppliers.

4. Grant of Non-Exclusive License

The software is licensed, not sold, subject to the condition that you are in compliance with the terms of this EULA:

(a) You may install and use the software on any computer for your own or business use.

(b) You may pass copies of the software on to individuals or companies provided that the software is distributed in its original installation form, without modification of any kind and with full acknowledgement to the company and legal copyright owner of the software.

(c) No charge whatsoever must be made for copies of the software no matter what form the distribution takes including, but not limited to, expenses to cover distribution such as media or postage costs. The software may not be rented.

(d) If you are installing this copy of the software as an upgrade, update, patch or enhancement to a prior release of the same software which was installed on the same computer, your rights under the prior EULA for the software are terminated, and all of your use of the software (including its prior versions) are solely under the terms of this EULA.

5. Limitations

Except to the extent such a restriction is unenforceable under federal, state or local law, you may not reverse engineer, decompile, or disassemble the software. The software is licensed as a single product, and its component parts may not be separated. You may not modify, amend, or create derivative works of the software.

6. Term

The license granted under this EULA commence upon the installation of the software and are effective in perpetuity unless terminated per the terms of this Agreement.

7. Termination

Without prejudice to any other rights, the company may terminate this EULA or your rights under this EULA at any time if you fail to comply with, or breach the terms of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the software in your possession (including all component parts, the media and printed materials, any prior versions and this EULA). The terms of this paragraph shall survive any termination of this EULA.

8. Limited Warranty

The warranties and disclaimers described in this paragraph are collectively the 'Limited Warranty'. The company warrants to you (and only you) that the software will perform substantially in accordance with the accompanying documentation.

To the maximum extent permitted by applicable law, the company and its suppliers disclaim all other warranties and conditions with regard to or arising out of the software, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and/or accuracy of information.

The Limited Warranty is void if failure of the software has resulted from accident, abuse, misapplication, use of the software other than as described in the documentation issued by the company, use of the software in combination with other software products that are not described as compatible in the documentation issued by the company, or your breach of the terms of this EULA.

9. Limitation of Liability

The software has been carefully tested by the company on as many PC configurations as possible taking into account logistical and cost limitations. Whilst every effort is made to ensure that the information presented to the user by the software is accurate, error free and runs in such a way that no harm can be caused to a computer, the following paragraph applies;

To the maximum extent permitted by applicable law, in no event shall the company, the software’s author and copyright owner, or its suppliers, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, physical damage to equipment or psychological damage to users, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software, even if the company, its agents, or the software’s author and copyright owner has been advised of the possibility of such damages.

10. Inappropriate Content and Liability

The software installation contains a word and phrase database which is integrated with the software. This database comes complete with a set of words which can be used to help in the search of suspect, nefarious, illegal computer content or content of interest to the user. Users may find some words in this database to be offensive, inappropriate or unsuitable for children. Accepting these words within the aforementioned database forms part of this EULA. If you do not agree with this, you should not install the software. These words and phrases can be deleted or modified by the user after installation, if the user so wishes.

The software is designed to flag contents of a computer, if it algorithmically determines them to be of potential interest to a user, or a match has been found to a word or phrase found in the software’s database. If an item (URL, Movie, Image, etc.) is flagged by the software, it is done so for the sole purpose of bringing the item to the user’s attention. Flagged (displayed, color coded, etc.) items can only be deemed inappropriate, nefarious, illegal or suspect by the user of the program. No inference whatsoever should be drawn by any person as to the nature of the content flagged, as it is flagged on the basis of an advisory notification and a determination of the data’s relevance can only be made by examination and evaluation by a person.

The company does not accept any liability or responsibility whatsoever for a person’s interpretation of the content of any file based on any warning messages or alerts produced by the Software.

11. Third Party Works

To the extent that any third party's intellectual property is incorporated within the software, you agree that such third party is a third party beneficiary of the terms of this EULA to the extent of the third party's license to the software.