END USER LICENSE AGREEMENT FOR
HARRY STORBACKAS DIGITAL ARTIST
VERSION 1.0
Storbacka Software Ltd's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Storbacka Software Ltd for HARRY STORBACKA'S DIGITAL ARTIST 1.0, hereafter referred to as HSDA. By installing HSDA, you agree to be bound by the terms of this EULA. If you do not accept the terms of this EULA, do not install or use HSDA.
HSDA is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. HSDA is licensed, not sold.
1. GRANT OF LICENSE.
HSDA is licensed as follows:
(a) Installation and Use. HSDA may be freely used for non-commercial purposes. Commercial use of HSDA, as defined in section 2.1 of this EULA, requires a Commercial Use License.
(b) Distribution. You may not sell nor lease HSDA nor Commercial Use Licenses for HSDA. You may not distribute HSDA with the intent to profit from the distribution. Non-commercial distribution of unaltered copies of HSDA is permitted. Distribution of altered copies of HSDA is not permitted.
2. RIGHTS AND LIMITATIONS.
2.1 COMMERCIAL USE.
The following uses of HSDA are considered commercial use:
(a) Any activity involving HSDA that generates or attempts to generate revenue. This includes, but is not limited to:
- Selling works created, in whole or in part, using HSDA.
- Selling services where HSDA is in any way involved in the production of the service.
- Bundling HSDA with another commercial product or service.
(b) Use of HSDA in an educational institute on the institutes computer equipment. Use of HSDA in an educational institute on the students computer equipment is permitted.
Commercial use of HSDA requires a Commercial Use License. A Commercial Use License permits you to use HSDA for commercial purposes. Commercial use of HSDA without a Commercial Use License, the sale of works created using HSDA without a Commercial Use License, or any other violations of this EULA may be prosecuted to the maximum extent permitted by law.
(Commercial Use Licenses can be obtained from Storbacka Software Ltd: http://www.da-gfx.com/.)
2.2 NON-COMMERCIAL USE.
All use of HSDA not specified as commercial in section 2.1 is considered non-commercial use. HSDA can be freely used for Non-Commercial purposes.
3. TERMINATION.
Storbacka Software Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of HSDA in your possession.
4. APPLICABLE LAW AND JURISDICTION.
This EULA shall be governed by and construed in accordance with the laws of Finland. Any dispute arising in connection with this EULA shall be submitted to the exclusive jurisdiction of the district court in Riihimäki, Finland.
5. LIMITATION OF LIABILITY.
HSDA IS PROVIDED BY STORBACKA SOFTWARE LTD ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL STORBACKA SOFTWARE LTD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF HSDA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.