DYNAMIC GOGGLES SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT
('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR
AN ENTITY, AN ENTITY) AND DYNAMIC GOGGLES. READ IT
CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE
SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY SELECTING THE 'I ACCEPT' BUTTON IN
MACROMEDIA CENTRAL AND USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING
TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL
(a) 'DYNAMIC GOGGLES' means DYNAMIC GOGGLES and its licensors, if any.
(b) 'Software' means the VALUABLE TIME software program and any
third party software programs contained therein, in each case supplied by
DYNAMIC GOGGLES herewith, and corresponding documentation, associated
media, printed materials, and online or electronic documentation, and all updates
or upgrades of the above that are provided to you.
(c) 'Software Trial Application' means a version of the Software, so identified,
to be used only to review, demonstrate and evaluate the Software for a limited
time period. The Software may have limited features and will cease operating
after a predetermined amount of time due to an internal mechanism within the
Software or within Macromedia Central.
2. License Grants
Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) You may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a
(c) You may not sell, rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You may not export the Software into any country prohibited by the United
States Export Administration Act and the regulations thereunder.
(f) In the event that you fail to comply with this EULA, DYNAMIC GOGGLES
may terminate the license and you must destroy all copies of the
Software (with all other rights of both parties and all other provisions of this
EULA surviving any such termination).
(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install
or use more than one copy of the Software, (B) download the Software Trial
Application under more than one username, (C) alter the contents of a hard drive
or computer system to enable the use of the Software Trial Application for an
aggregate period in excess of the trial period for one license to such Software
Trial Application, or (D) use the Software Trial Application for a purpose other
than the sole purpose of determining whether to purchase a license to a
commercial version of the Software.
The foregoing license gives you limited license to use the Software.
DYNAMIC GOGGLES and its suppliers and partners retain all right, title and
interest, including all copyright and intellectual property rights, in and to, the
Software and all copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by
DYNAMIC GOGGLES, its suppliers and its partners.
5. WARRANTY DISCLAIMER
(a) DYNAMIC GOGGLES AND ITS SUPPLIERS AND PARTNERS
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND
TITLE OR QUIET ENJOYMENT. DYNAMIC GOGGLES DOES NOT
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION,
MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.
DYNAMIC GOGGLES SPECIFICALLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
DYNAMIC GOGGLES, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.
(e) DYNAMIC GOGGLES shall have no responsibility if
the Software has been altered in any way, or FOR ANY
failure THAT arises out of use of the Software with
other than a recommended hardware configuration,
PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
(a) NEITHER DYNAMIC GOGGLES NOR ITS SUPPLIERS AND
PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF DYNAMIC GOGGLES OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) DYNAMIC GOGGLES'S TOTAL LIABILITY TO YOU FOR
ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE
LIMITED TO $0.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED
TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental
elements of the basis of the agreement between DYNAMIC GOGGLES and
you. DYNAMIC GOGGLES would not be able to provide the Software on an
economic basis without such limitations. Such Warranty Disclaimer and Limited
Liability inure to the benefit of DYNAMIC GOGGLES's licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with 'RESTRICTED RIGHTS'
applicable to private and public licenses alike. Without limiting the foregoing,
use, duplication, or disclosure by the US Government is subject to restrictions as
set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3
(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: DYNAMIC GOGGLES,
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA
do not affect or prejudice the statutory rights of a consumer, i.e., a person
acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in
this EULA shall apply to you only to the extent such limitations or exclusions are
permitted under the laws of the jurisdiction where you are located.
10. Third Party Software
(a) This Software does not utilize third party software.
This EULA shall be governed by the internal laws of the State of ADF,
without giving effect to principles of conflict of laws. You hereby consent to the
exclusive jurisdiction and venue of the state courts sitting in DSFA
County ADF or the federal courts in the AFD
to resolve any disputes arising under this EULA. In each case this
EULA shall be construed and enforced without regard to the United Nations
Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. You agree that any varying
or additional terms contained in any purchase order or other written notification
or document issued by you in relation to the Software licensed hereunder shall be
of no effect. The failure or delay of DYNAMIC GOGGLES to exercise any
of its rights under this EULA or upon any breach of this EULA shall not be
deemed a waiver of those rights or of the breach.
No DYNAMIC GOGGLES dealer, agent or employee is authorized to make
any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this EULA will remain in full force
DYNAMIC GOGGLES and other trademarks contained in the Software are
trademarks or registered trademarks of DYNAMIC GOGGLES in the
United States and/or other countries. Third party trademarks, trade names,
product names and logos may be the trademarks or registered trademarks of their
respective owners. You may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software. This EULA does not authorize you to use DYNAMIC GOGGLES's
or its licensors' names or any of their respective trademarks.