This document is the end user license agreement (EULA) for Daemon Tools Lite software. It outlines the following key points:
- The user is granted a license to install and use the software based on their license type (paid, trial, or free).
- The software is provided "as is" and the company cannot be held liable for any loss or damages resulting from its use.
- The user cannot reverse engineer, decompose, or disassemble the software.
- The license can be terminated if the user fails to comply with the terms of the EULA.
- The company provides no warranties and limits its liability for any damages arising from the use of the
All of material inside is un-licence, kindly use it for educational only but please do not to commercialize it.
Based on 'ilman nafi'an, hopefully this file beneficially for you.
Thank you.
All of material inside is un-licence, kindly use it for educational only but please do not to commercialize it.
Based on 'ilman nafi'an, hopefully this file beneficially for you.
Thank you.
Dr. Milton J. Bennett has been active in the intercultural field since 1967. He served as a U.S. Peace Corps volunteer in Micronesia from 1968-1970, and returned to complete his doctorate in intercultural communication and sociology at the University of Minnesota, Minneapolis. He also holds a bachelor's degree from Stanford University and a master's degree in psycholinguistics from San Francisco State University.
Dr. Milton J. Bennett has been active in the intercultural field since 1967. He served as a U.S. Peace Corps volunteer in Micronesia from 1968-1970, and returned to complete his doctorate in intercultural communication and sociology at the University of Minnesota, Minneapolis. He also holds a bachelor's degree from Stanford University and a master's degree in psycholinguistics from San Francisco State University.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
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"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
ENTREPRENEURSHIP TRAINING.ppt for graduating class (1).ppt
License
1. DAEMON Tools Lite End User License Agreement
IMPORTANT - READ CAREFULLY: This DAEMON Tools Lite End User License Agreement ("EULA")
is agreement between you (either an individual or a single entity) and Disc Soft Ltd for the
DAEMON Tools Lite software product identified above, which includes computer software and
may include associated media, printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA,
do not install, download or use the SOFTWARE PRODUCT.
You are allowed to use SOFTWARE PRODUCT if your local law allows that, and you are a legal
owner of the original CD or DVD disc you want to create or its backup copy.
SOFTWARE PRODUCT is not freeware. The license types available for you during the installation
process of SOFTWARE PRODUCT may differ depending on your region.
Paid license: you are entitled to use the Paid license of SOFTWARE PRODUCT perpetually after
the order is paid and processed.
Trial license: you are entitled to use the Trial license of SOFTWARE PRODUCT during the trial
period, that can be changed by Disc Soft LTD at its sole discretion.
Free license: you are entitled to use the Free license of SOFTWARE PRODUCT only for personal
and non-commercial purposes. In case you use SOFTWARE PRODUCT privately for commercial
purposes or use it in a public commercial or non-profit organization e.g. in a company,
university, library, Internet cafe or other public institutions then you must buy a license at
https://www.disc-soft.com/order/dtLite.
The SOFTWARE PRODUCT is provided "as is". Disc Soft LTD cannot be held responsible for any
loss of data or other misfortunes resulting from the use of the SOFTWARE PRODUCT. Likewise,
Disc Soft LTD cannot be held responsible for the use or misuse of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. Disc Soft Ltd or its suppliers own the title,
copyright and other intellectual property rights contained in the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT is licensed, not sold.
Third parties can use the package of the SOFTWARE PRODUCT in other freeware products, as
long as they leave the package of the SOFTWARE PRODUCT unmodified and include credits to
Disc Soft LTD. Commercial products that 'need' or 'base on' the SOFTWARE PRODUCT (e.g. GUI
etc.) require the written permission of Disc Soft Ltd. Third parties that want to include the
SOFTWARE PRODUCT in a commercial product, must request a permission via web form at
www.disc-soft.com/sendmsg/partner.
1. GRANT OF LICENSE.
This EULA grants the following rights provided to you to comply with all terms and conditions
2. contained in this EULA:
• Installation and Use. Disc Soft Ltd grants to you a non-exclusive and limited license to install
and use a reasonable number of copies of the SOFTWARE PRODUCT depending of your
license.
Paid license: you are allowed to install and use a number of the SOFTWARE PRODUCT
copies, ordered during the purchase, on the computer(s)/operating system(s) that you use
("licensed instance(s)").
You have to validate your license once (active Internet connection is required during
validation) and thus assign it to the computer/operating system. You may reassign the
license to another instance. If you reassign the license then other instance becomes the
"licensed instance".
Trial license: you are allowed to install and use the SOFTWARE PRODUCT during the trial
period.
Free license: you may install and use any number of the SOFTWARE PRODUCT copies on the
computer(s)/operating system(s) that you use.
• Reservation of Rights. Disc Soft Ltd reserves all rights not expressly granted to you in this
EULA.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
• Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the
extent that applicable law notwithstanding this limitation expressly permits such activity.
• Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one computer.
• Support Services. Disc Soft Ltd may provide you with support services related to the
SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Disc
Soft Ltd policies and programs described in "online" documentation, and/or in other
materials provided by Disc Soft Ltd. Any supplemental software code provided to you as
part of the Support Services shall be considered part of the SOFTWARE PRODUCT and
subject to the terms and conditions of this EULA. With respect to technical information, you
provide to Disc Soft Ltd as a part of the Support Services, Disc Soft Ltd may use such
information for its business purposes, including product support and development. Disc
Soft Ltd will not utilize such technical information in a way that personally identifies you.
Paid license users are entitled to unlimited technical support. Free and Trial license users
may receive technical support, but it is not obligatory. Technical support is provided via e-
mail ONLY.
Support services will NOT be provided to users who would use very rude or obscene
language in their support requests.
3. • Information rights and publicity. Disc Soft Ltd may retain and use information that is
collected during your use of the SOFTWARE PRODUCT, so that it no longer reflects or
references you as an individually identifiable user ("Non-personal Information"). Disc Soft
Ltd will not share information associated with your use with any third parties unless Disc
Soft Ltd (i) has your consent; (ii) concludes that it is required by law or has a good faith
belief that access, preservation or disclosure of such information is reasonably necessary to
protect the rights, property or safety of Disc Soft Ltd, SOFTWARE PRODUCT, its users or the
public; or (iii) provides such information in certain limited circumstances to third parties to
carry out tasks on Disc Soft Ltd behalf (e.g., data storage) with strict limitations that prevent
the data from being used or shared except as directed by Disc Soft Ltd. When this is done, it
is subject to agreements that oblige those parties to process such information only on Disc
Soft Ltd instructions and in compliance with this EULA and appropriate confidentiality and
security measures.
• Applicable law. This EULA is governed by law of Belize.
• No Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.
• Termination. Without prejudice to any other rights, Disc Soft 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 the SOFTWARE PRODUCT and all of its component parts.
3. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Disc Soft Ltd AND ITS SUPPLIERS
PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE
SOFTWARE PRODUCT ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS, AND HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF
ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR
LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH
YOU.
4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Disc Soft Ltd
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR
OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
4. OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE
EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF Disc Soft Ltd OR ANY SUPPLIER, AND EVEN IF Disc Soft Ltd OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), IN NO EVENT WILL Disc Soft Ltd AND ANY OF ITS SUPPLIERS UNDER ANY
PROVISION BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF SOFTWARE
PRODUCT OR INABILITY TO USE THE SOFTWARE PRODUCT, INCLUDING, WITHOUT LIMITATION,
DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR
MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR
COMMUNICATION FAILURES OR SECURITY BREACHES. THIS PROVISION SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
6. RISK ACTIVITIES.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended
for use in environments in which its failure could lead directly to death, personal injury, or
severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support machines, or
weapons systems ("High Risk Activities"). ACCORDINGLY, Disc Soft Ltd AND ITS LICENSORS AND
OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS
FOR HIGH RISK ACTIVITIES. YOU AGREE THAT Disc Soft Ltd WILL NOT BE LIABLE FOR ANY CLAIMS
OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT IN SUCH APPLICATIONS.
7. U.S. GOVERNMENT USERS.
If you are a U.S. Government user, then the Software Application is provided with "RESTRICTED
RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013, as applicable.
8. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment which is supplied with the SOFTWARE
PRODUCT) constitutes the entire agreement between you and Disc Soft Ltd relating to the
SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with respect
to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent of
terms of any Disc Soft Ltd policies or programs for support services conflict with the terms of
this EULA, the terms of this EULA shall control.
DAEMON Tools Lite End User License Agreement
6. THIRD PARTY TECHNOLOGY USED UNDER LICENSE:
Disc Soft Ltd is licensed to use within its software "Pass Through Direct (SPTD) layer".
SPTD layer software ("SPTD Software") End User License Agreement
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE
ENTITY) AND Duplex Secure Ltd.
THIS SPTD Software END USER LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS USE OF THE
SPTD Software AND ANY RELATED SOFTWARE SERVICES PROVIDED BY Duplex Secure Ltd OR ITS
PARTNERS IN CONNECTION WITH THE SPTD Software. BY CLICKING "I AGREE," OR BY
DOWNLOADING, INSTALLING OR USING THE SPTD Software, YOU AGREE TO THE TERMS OF THIS
AGREEMENT, AND YOU CONSENT TO JURISDICTION OF THE EUROPEAN UNION FOR ANY
DISPUTE. YOU ACKNOWLEDGE THAT Duplex Secure Ltd OFFERS THE SPTD Software WITHOUT
WARRANTIES AND THAT YOUR REMEDIES ARE LIMITED. IF YOU DO NOT AGREE TO THIS
AGREEMENT, CLICK "EXIT" AND DO NOT INSTALL OR USE THE SPTD Software.
1. GRANT OF LICENSE
Duplex Secure Ltd grants you a personal, limited, non-exclusive, non-sublicensable, non-
transferable license to use the SPTD Software for personal and internal business purposes any
provided copy must contain all of the original proprietary notices.
This license does not entitle you to receive from SPTD Software hard-copy documentation,
support, telephone assistance, enhancements or updates to the SPTD Software.
2. RESTRICTIONS
You may not: (i) modify or create any derivative works of the SPTD Software or documentation,
including customization, translation or localization (aside from any rights you may have to
modify those portions of the source code released under a separate source code license); (ii)
decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of
the SPTD Software, or in any way ascertain, decipher, or obtain the communications protocols
for accessing the SPTD Software, or the underlying ideas or algorithms of the SPTD Software; (iii)
use kernel mode debuggers (SoftICE, WinDbg etc.) because SPTD Software is not compatible
with such debuggers; (iv) use the SPTD Software to reproduce, display, perform, or distribute
audio and/or video content in any manner that violates any U.S. or foreign laws or regulations or
any third party's rights, including copyright, privacy or publicity rights, or other intellectual
property rights; (v) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
rights to the SPTD Software ; (vi) remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in the SPTD Software; (vii) block, disable, or
otherwise effect any windows, tabs, links to other sites and services, or other features that
constitute an integral part of the SPTD Software; (viii) use the SPTD Software in any way that
violates this Agreement or any law; or (ix) authorize or assist any third party to do any of the
things described in this paragraph.
7. 3. TERMINATION
If you violate the terms of this Agreement, this Agreement and your right to use the SPTD
Software shall be terminated immediately and without notice. In the event of any termination of
this Agreement or your rights hereunder, all provisions of this Agreement except the "GRANT OF
LICENSE" section shall survive such termination and you agree to continue to be bound by those
terms. Upon termination, you must destroy all copies of the SPTD Software.
4. PROPRIETARY RIGHTS
Duplex Secure Ltd and/or its licensors and other suppliers retain all title, ownership, and
intellectual property rights in the SPTD Software. The SPTD Software is protected by copyright
and other intellectual property laws and by international treaties.
5. INJUNCTIVE RELIEF
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your
breach or threatened breach of this Agreement shall cause Duplex Secure Ltd irreparable
damage for which recovery of money damages would be inadequate and that Duplex Secure
Ltd, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in
addition to any and all other remedies available at law or in equity.
6. DISCLAIMER OF WARRANTY.
THE SPTD SOFTWARE IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. DUPLEX SECURE LTD
AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES THAT THE SPTD SOFTWARE IS FREE OF DEFECTS, VIRUS
FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE
SPTD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE SPTD SOFTWARE
WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SPTD SOFTWARE IS
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR
NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. FURTHER, DUPLEX SECURE LTD AND ITS LICENSORS AND SUPPLIERS DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SPTD SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SPTD SOFTWARE
HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SPTD SOFTWARE
SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY DUPLEX SECURE LTD OR A DUPLEX SECURE LTD AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT
BE DISCLAIMED UNDER APPLICABLE LAW. DUPLEX SECURE LTD, ITS LICENSORS, AND OTHER
SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SPTD SOFTWARE. YOU BEAR
THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF
ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
10. OpenCandy End User License Agreement (EULA)
Date of last revision: March 7, 2012
PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE.
BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE
RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING
TERMS AND THE TERMS OF OUR PRIVACY POLICY.
1. What We Do
The developer of the software ("Software") you are installing has chosen to use the
OpenCandy Network ("We") to provide recommendations of other third party software.
All third party software participating in the OpenCandy Network must adhere to strict
policies that ensure only compliant software is recommended. In the event an
OpenCandy recommendation is shown, the recommendations will only occur once
during the installation of the Software.
2. How Our Recommendations Work
As part of the installation process, a temporary file transmits anonymous, non-
personally identifiable information about your computer system in order to help us
determine what third party software would be appropriate to recommend. If a
recommendation is shown and you choose to install such recommended third party
software, then the third party software will be downloaded and installed. If a
recommendation is not shown, or you choose not to install such recommended third
party software, then no third party software will be downloaded or installed.
Reasonable efforts are made to ensure any temporary files created are automatically
removed after the installation process is completed, regardless of whether a
recommendation is made, and regardless of whether you choose to install any software.
Please note, however, that some files may not be able to remove themselves until the
next system restart.
3. Recommended Third Party Software
You are NEVER required to install any recommended third party software, and you will
not be required to install any third party software as a condition to install the Software.
We will never install any third party software without your express consent.
Recommended third party software is also subject to its own separate license
agreement(s).
4. How We Use Your Data
We are strong advocates for consumer privacy, and we do NOT collect or store any
personally identifiable information. Any information transmitted to our servers is
anonymous and may be stored in the aggregate to help us improve our services. All
information is collected and used in accordance with our Privacy Policy, available at:
http://www.opencandy.com/privacy-policy/.
5. DISCLAIMER; LIMITATION OF LIABILITY
WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL
FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-
11. INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD-PARTY
SOFTWARE.
6. Miscellaneous
These Terms are governed by and interpreted, construed and enforced in accordance
with the laws of the State of California, United States of America, without respect to its
choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or
federal courts in California, and you irrevocably submit to the personal jurisdiction in
such courts.
7. Third Party Software Uninstallation
We ensure that all OpenCandy recommended third party software which may be
installed allows for simple uninstallation without harming your computer, and without
leaving files or applications behind.
If you have any feedback or questions, please email us at: license@opencandy.com