» version 1.1.0 - posted on 2007-05-20
Alter-Ego Profile Migration System v1.0
Copyright ©2005-2007 Winterfrost Systems Ltd.
All rights reserved.
SOFTWARE LICENSE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT
CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY
INSTALLING, DOWNLOADING, OR OTHERWISE USING THE
SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. YOU ALSO ACKNOWLEDGE AND AGREE
THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
WINTERFROST SYSTEMS LTD. AND YOU AND THAT THE LICENSE
AGREEMENT SUPERSEDES ANY PRIOR OR CONTEMPORANEOUS
AGREEMENT, EITHER ORAL OR WRITTEN, AND ANY OTHER
COMMUNCIATIONS BETWEEN WINTERFROST SYSTEMS LTD. AND
This software program (the "Program"), any printed
materials, any on-line or electronic documentation,
and any and all copies and derivative works of such
software program and materials are the copyrighted
work of Winterfrost Systems Ltd. All use of the
Program is governed by the terms of the End User
License Agreement which is provided below ("License
Agreement"). The Program is solely for use by end
users according to the terms of the License Agreement.
Any use, reproduction or redistribution of the Program
not in accordance with the terms of the License
Agreement is expressly prohibited.
"The Program" refers to Alter-Ego V1.0.
"The Author" refers to Winterfrost Systems Ltd.
"You" and "Your" refers to the end-user of the
Program, whether an individual, business, or any
form of organization.
END USER LICENSE AGREEMENT:
1. Ownership. All title, ownership rights and
intellectual property rights in and to the Program
and any and all copies thereof (including but not
limited to any titles, computer code, methods of
operation, moral rights, any related documentation)
are owned by the Author or its licensors. The
Program is protected by the copyright laws of
Canada, international copyright treaties and
conventions and other laws. All rights are reserved.
The Program contains certain licensed materials and
the Author's licensors may protect their rights in
the event of any violation of this Agreement.
2. Demonstration Versions. Versions of The Program
labelled as DEMO (the "DEMO") are functionally
restricted and are intended for evaluation purposes
only. The DEMO may not be altered in any way to
provide additional functionality or circumvent any
of its restrictions.
3. License Count.
A. The Program may be installed on a single
computer (the "Console") and may be used to perform
migrations, as defined in the Program documentation.
B. Migrations may be performed on a number
of Clients not to exceed the number of licensed
clients as purchased (the "Client Count"). Clients
are defined as PCs, laptops, servers, or any other
systems owned by You which operates as a Client in a
migration. Once the Program has been used to perform
a migration on a Client, that Client shall be
permanently counted toward the Client Count until
such a time as the Client is permanently removed from
C. A Client shall be considered permanently
removed from service through sale of the Client
system to an individual, company, or organization not
affiliated with or controlled by You, unrecoverable
hardware failure, or any other means which
permanently removes the Client from Your ownership.
Temporary assignment, transfer, re-assignment, or
removal of a Client from the Client Count which has
not been permanently removed from your ownership is
D. The DEMO does not require a purchased
Client Count provided it is only used for evaluation
purposes and has not been altered in any way. The
DEMO is restricted to a Client Count of 3.
4. Consultant, Reseller, or Third-Party Usage. The
Program may only be run on any system owned by the
licensed organization. You may not use the program
on any system owned by a customer, affiliate, or any
individual, company, or organization not directly
owned by the licensed organization.
5. Responsibilities of End User.
A. You are entitled to use the Program only
for Your own use, on systems owned by You.
B. You may not, in whole or in part, copy,
duplicate or reproduce by any means, translate,
reverse engineer, derive source code, modify,
disassemble, decompile, otherwise tamper with, or
create derivative works the based on the Program
or any materials provided therewith, or remove any
proprietary notices or labels on the Program
without the prior consent, in writing, of the
C. You are not entitled to grant a security
interest in or transfer reproductions of the Program
to other parties in any way, nor to rent, lease or
license the Program to others without the prior
written consent of the Author.
D. You agree that you will use the Program
carefully and will not intentionally use it in any
way which might result in any loss of Your or any
third party's property or information.
E. In the event of the termination of this
Agreement, You will destroy all copies of the Program
and all materials relating to the Program.
6. Transfer of Ownership.
A. You are entitled to sell or transfer the
Program, license, and all related materials in their
entirety to another individual, company, or
organization. Partial transfer or sale of Client
licenses or Client Count is not permitted.
B. You agree to notify The Author of any
transfer of ownership of The Program or its license,
and provide the name of the new owner, a contact name,
and email address for licensing purposes.
C. This agreement shall be binding upon and
inured to the benefit of the parties and their
respective administrators, successors and assigns.
D. You agree to destroy any copies of the
Program and related materials in your possession at
such a time as the software is transferred to the
7. Termination. This License Agreement is effective
until terminated. The Author may, at its sole
discretion, terminate this License Agreement at any
time without liability. At the termination of this
agreement, you shall destroy all copies of the
Program and all materials relating to the Program.
You may terminate the License Agreement at any time
by destroying the Program and all materials relating
to the Program.
8. No Warranty. The Author represents and warrants
that it has the requisite right and legal authority
to grant the license and provide the Program as
contemplated by this Agreement. THERE IS NO WARRANTY
FOR THE PROGRAM OR RELATED MATERIALS. THE AUTHOR
PROVIDES THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS
WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. YOU ARE ADVISED TO SAFEGUARD IMPORTANT
DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE
CORRECT FUNCTIONING OR PERFORMANCE OF THE PROGRAM.
9. Limitation of Liability. THE AUTHOR SHALL NOT BE
LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND
RESULTING FROM THE USE OF OR INABILITY TO USE THE
PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
10. Governing Law. This Agreement is to be governed
by, construed and enforced according to the Laws
of the Province of Alberta.
11. Headings. Headings used in this agreement are
provided for convenience only and shall not be used
to construe meaning or intent.
12. Equitable Remedies. You hereby agree that the
Author would be irreparably damaged if the terms of
this License Agreement were not specifically enforced,
and therefore you agree that the Author shall be
entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with
respect to breaches of this License Agreement, in
addition to such other remedies as the Author may
otherwise have available to it under applicable laws.
The parties agree that they will use their best efforts
to amicably resolve any dispute arising out of or
relating to this Agreement. In the event any
litigation is brought by either party in connection
with this License Agreement, the prevailing party
in such litigation shall be entitled to recover
from the other party all the costs, attorneys'
fees and other expenses incurred by such prevailing
party in the litigation.