SoftwareShield 5.0

EULA - End User License Agreement

SoftwareShield End User License Agreement (EULA)

OWNERSHIP

The SoftwareShield™, SoftwareShield CheckPoint License Server, IronWrapping, IronWrap, IronWrapper, CodeRivets, and SoftwareShield™ logo, product names, software, manuals, documentation and other materials, and all copyright rights are owned by Yummy Interactive, Inc.. Any copyright or trademark notices, product identification marking or description, or notices of proprietary restrictions may not be removed.

LICENSE GRANT

By using the software from diskette or electronic download, you agree to be bound by the terms and conditions of this License Agreement. If you do not agree with the terms of this License Agreement, promptly return the software, manuals, documentation, or other materials to the place you obtained them for refund.

Yummy Interactive, Inc. hereby grants you a non-exclusive, non-transferable license to use this software product as described in the documentation available on a limited number of Personal Computers (equal to as many licenses as are purchased) within your organization only. You may use the Professional Edition to protect and license an unlimited number of host applications. Additional service charges apply for usage of the CheckPoint License Server. You may not adapt, translate, reverse engineer, de-compile, or disassemble the software. You are not acquiring any rights of ownership in the software, manuals, documentation or other materials. You may not make illegal copies of the software for distribution to any individual of corporation, including but not limited to related companies or affiliates.

LICENSE RENEWAL

You may choose to pay an annual maintenance fee to maintain technical support and upgrades to the latest version of the software you are licensing.

All applications protected using SoftwareShield's IronWrap technology must use the Yummy Interactive Inc. hosted CheckPoint License Server for automated online activation. Additional service charges apply for usage of the Checkpoint License Server. These charges will be payable to Yummy Interactive, Inc..

The SoftwareShield License Manager is allowed to run on a limited number of Personal Computers (as many seats as are purchased). You may purchase additional seats at any time.

COPYING PROHIBITED

The software, manuals and documentation are protected by Canadian, US and international copyright laws and international treaty provisions. They may not be copied, except that one (1) copy of the software may be made for backup or archival purposes. Any other copying is prohibited.

LIMITED WARRANTY

Yummy Interactive, Inc. warrants for a period of thirty (30) days from the date of purchase SoftwareShield will perform substantially in accordance with the documentation available.
YUMMY INTERACTIVE, INC.. MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED OF ANY KIND OR NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

Yummy Interactive Inc.'s liability for damages resulting from use of the computer program shall not in any event exceed the amount of license fees paid by you to Yummy Interactive Inc. under this License Agreement.

Yummy Interactive, Inc.. shall not in any case be liable for damages incurred by third party users of applications that incorporate SoftwareShield's Software Development Kit, IronWrap and/or SoftwareShield software licensing functions of any kind. Your implementation of SoftwareShield’s Software Development Kit and/or SoftwareShield software licensing functions including, but not limited to IronWrap is in no way influenced by Yummy Interactive, Inc. its officers, employees or agents.

YUMMY INTERACTIVE INC.. SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR OTHER SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, MANUAL, DOCUMENTATION, OR OTHER MATERIALS, EVEN IF YUMMY INTERACTIVE INC.. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BREACH OF AGREEMENT - TERMINATION

Any breach of one or more of the provisions of this License Agreement shall result in immediate termination of the License. You shall then immediately discontinue use and either remove or return all copies of the software, manuals and documentation to Yummy Interactive, Inc. or supply a certificate of destruction of all copies. All provisions of this License Agreement that protect the rights of Yummy Interactive, Inc. including but not limited to maintaining confidentiality, shall survive termination.

GENERAL

You are responsible for compliance with all laws and regulations governing export outside Canada of any product containing the software, such as obtaining and renewing licenses or permits and financial reporting obligations.

This License Agreement shall be construed, interpreted and governed by the laws of the province of British Columbia of Canada without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate national/federal or provincial court sitting in British Columbia, Canada. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.
The headings used are for convenience only.