By receiving, opening the file package, and/or using Retina Capture 1.3(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Yared Ayele your use of Retina Capture 1.3 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Yared Ayele grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Retina Capture 1.3 in accordance with this Agreement and any other written agreement with Yared Ayele. Yared Ayele does not transfer the title of Retina Capture 1.3 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Yared Ayele and the purchasers or users of Retina Capture 1.3.
If you do not agree to be bound by this agreement, remove Retina Capture 1.3 from your computer now and, if applicable, promptly return to Yared Ayele by mail any copies of Retina Capture 1.3 and related documentation and packaging in your possession.
Retina Capture 1.3 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Retina Capture 1.3 contact Yared Ayele.
3. USER AGREEMENT
Your license to use Retina Capture 1.3 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Retina Capture 1.3.
3.2 Use Restrictions
You shall use Retina Capture 1.3 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Retina Capture 1.3 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Retina Capture 1.3 may be used on one single computer location by one user. Use of Retina Capture 1.3 means that you have loaded, installed, or run Retina Capture 1.3 on a computer or similar device. If you install Retina Capture 1.3 onto a multi-user platform, server or network, each and every individual user of Retina Capture 1.3 must be licensed separately.
You may make one copy of Retina Capture 1.3 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Retina Capture 1.3 . The assignment, sublicense, networking, sale, or distribution of copies of Retina Capture 1.3 are strictly forbidden without the prior written consent of Yared Ayele. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Retina Capture 1.3. If any person other than yourself uses Retina Capture 1.3 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Retina Capture 1.3. Nor can you create any derivative works or other works that are based upon or derived from Retina Capture 1.3 in whole or in part.
Yared Ayele’s name, logo and graphics file that represents Retina Capture 1.3 shall not be used in any way to promote products developed with Retina Capture 1.3 . Yared Ayele retains sole and exclusive ownership of all right, title and interest in and to Retina Capture 1.3 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Retina Capture 1.3, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Yared Ayele.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Yared Ayele , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Yared Ayele’s Software.
In no event (including, without limitation, in the event of negligence) will Yared Ayele , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Retina Capture 1.3 or the use or inability to use Retina Capture 1.3 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Yared Ayele’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Yared Ayele ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Yared Ayele.
Except as expressly stated in writing, Yared Ayele makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Ethiopia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Ethiopia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Retina Capture 1.3 and destroy all copies of Retina Capture 1.3 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Retina Capture 1.3 AS WELL.
5. CONSENT OF USE OF DATA
You agree that Yared Ayele does not collect and use information gathered in any manner such as Camera use, Phone Contacts or Write any harm full files by means of this App through permission granted at installation. All files generated by this App is solely used by you the user and the App by itself or any data collected as part of the product support services provided to you, if any, related to Retina Capture 1.3. Yared Ayele may also use this information to provide notices to you which may be of use or interest to you.