This License Agreement is an agreement between you ("LICENSEE")
(either an individual or a single entity) and delight software for the software
product Desk Marker, which includes Desk Marker and all documentation ("SOFTWARE").
By installing or otherwise using the SOFTWARE, you agree to be bound by the
terms and conditions of this Agreement. If you do not agree to these terms and
conditions, as a whole or any part of it, you are not authorized and may not
use the SOFTWARE.
1. Usage: This SOFTWARE is free for non-commercial use only. If you use it
for commercial purposes, please obtain a commercial use license. delight software
grants a non-exclusive and non-transferable license (without the ability to
sublicense) to install and use ONE copy of the SOFTWARE You may make one copy
of the SOFTWARE for archival purposes.
2. Ownership: The SOFTWARE is owned by delight software and is protected by
copyright laws. The SOFTWARE is licensed to you for use only under the terms
set forth in this Agreement. delight software reserves any right not expressly
granted in this Agreement. You may own the media on which the SOFTWARE is stored,
but delight software retains title to the SOFTWARE.
3. Responsibility: By installing the SOFTWARE you assume sole responsibility
for the installation, use and results obtained from the use of the SOFTWARE.
Under no circumstances and under no legal theory, tort, contract, or otherwise,
shall delight software be liable to you or any other person for any indirect,
special, incidental, or consequential damages of any character including, without
limitation, damages for loss of business profits, business interruption, loss
of business information, or any and all other commercial damages or losses.
4. License: This agreement is only a license to use the SOFTWARE on a single
Computer. delight software grants you a limited, non-exclusive license to do
only the following:
a) Install and use a SINGLE instance of this SOFTWARE. i.e., you are not allowed
to use one license for more than one Computer.
5. Restrictions: You are NOT permitted to do any of the following:
a) Sublicense, assign, or distribute copies of the SOFTWARE to others.
b) Modify, copy, reproduce, adapt, translate, rent, lease, loan, sell, distribute,
or otherwise assign or transfer the SOFTWARE, or create derivative works based
upon the SOFTWARE or any part thereof, except as expressly provided in this
6. Warranty Disclaimer: This SOFTWARE is provided by delight software on an
'As Is' basis. delight software makes no representations or warranties of any
kind, including without limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. delight software does not warrant
that the SOFTWARE will meet LICENSEE specific requirements, nor does it warrant
that the operation of the SOFTWARE be error-free. Though we shall strive to
do our best in helping you, in no event shall delight software or its parents,
subsidiaries, affiliates, successors, officers, directors or employees be held
liable for any support. If you are dissatisfied with any portion of the SOFTWARE,
using the SOFTWARE.
7. Termination: delight software may terminate this Agreement if you fail to
comply with the terms and conditions of this Agreement. On termination, you
must destroy all copies of the SOFTWARE and all of its component parts.