Theme Calendar 1.0

EULA - End User License Agreement

You should carefully read the following terms and conditions before using this software. Your use, distribution, or installation of this copy of Theme Calendar indicates your acceptance of this License.

If you do not agree to any of the terms of this License, then do not install, distribute or use Theme Calendar. If you paid for any theme databases, you can contact R Squared Software at www.themecalendars.com within thirty (30) days after purchase and request a full refund of your payment.

This copy of Theme Calendar may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license.

You may access Theme Calendar through a network, provided that you have obtained an individual license by purchasing Theme Calendar for each workstation that will access it over the network.

The Theme Calendar program, and any theme databases that have been purchased, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.

Theme Calendar is copyrighted and licensed (not sole). R squared Software does not sell or transfer title to Theme Calendar to you. Your license of Theme Calendar will not begin until you have accepted this agreement.

R Squared Software hereby grants to you, and you accept, a nonexclusive license to use the Theme Calendar object code and associated theme databases, (collectively referred to as the "Software"), and the accompanying help file, only as authorized in this License Agreement. The Software may be used on one website owned by you. Each website requires a separate license. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.

Upon loading the Software onto your computer, you may make a copy of the Software for backup purposes. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by you or any person under your authority or control.

Except as expressly set forth in this agreement, R Squared Software disclaims any and all promises, representations, and warranties with respect to the licensed program, including its condition, its conformity to any representation or description, the existence of any latent or patent defects, any negligence, and its merchantability or fitness for a particular use.

Any liability of R Squared Software will be limited exclusively to a refund of the purchase price you paid. In addition, in no event shall R Squared Software, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of Theme Calendar.

R Squared Software shall have sole and exclusive ownership of all right, title, and interest in and to Theme Calendar and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to you herein by R Squared Software. This Agreement does not provide you with title or ownership of Theme Calendar, but only a right of limited use. You must keep Theme Calendar free and clear of all claims, liens, and encumbrances.

You may not use, copy, modify, or distribute Theme Calendar (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by R Squared Software. You may not rent, lease, modify, reverse assemble, reverse compile, or otherwise translate or create derivative works based on Theme Calendar. No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by R Squared Software. If you use, copy, or modify Theme Calendar or if you transfer possession of any copy, adaptation, transcription, or merged portion of Theme Calendar to any other party in any way not expressly authorized by R Squared Software, your license is automatically terminated.

This Agreement 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 Agreement shall be governed by the laws of the State of Michigan. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the State of Michigan, and you consent to such jurisdiction and venue.

All rights of any kind pertaining to Theme Calendar which are not expressly granted in this License are entirely and exclusively reserved to and by R Squared Software.

Copyright 2004 by R Squared Software, LLC. All rights reserved.