Web Solution Mart SOFTWARE LICENSE AGREEMENT
for "WSM Software Product" IMPORTANT: PLEASE
READ THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE USING THE
SOFTWARE. Web Solution Mart (“Web Solution
Mart”) IS WILLING TO LICENSE THE SOFTWARE TO
YOU AS THE INDIVIDUAL, THE COMPANY, OR THE
LEGAL ENTITY THAT WILL BE UTILIZING THE
SOFTWARE (REFERENCED BELOW AS “YOU OR YOUR”)
ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS OF THIS LICENSE AGREEMENT. THIS IS
A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU
AND Web Solution Mart.
1. The word "WSM Software Product" in this document refers to either of
the following:
"Fake Webcam"
"Fake Voice"
"Webcam and Screen Recorder"
"Kate's Video Toolkit"
"Kate's Video Converter"
"Kate's Video Joiner"
"Kate's Video Splitter"
2. LICENSE. The software which
accompanies this license (collectively the "WSM
Software Product") is the property of Web
Solution Mart or its licensors and is
protected by copyright law. While Web
Solution Mart continues to own the Software,
You will have certain rights to use the
Software after your acceptance of this
license. This license governs any releases,
revisions, or enhancements to the Software
that Web Solution Mart may furnish to You.
Except as may be modified by a Web Solution
Mart license certificate, license coupon, or
license key (each a “License Module”) which
accompanies, precedes, or follows this
license, Your rights and obligations with
respect to the use of this Software are as
follows:
You may:
A. Use one copy of the Software on up to 3 machines under your personal use.
B. make one copy of the Software for
archival purposes, or copy the Software onto
the hard disk of Your computer and retain
the original for archival purposes;
C. After written notice to Web Solution
Mart, transfer the Software on a permanent
basis to another person or entity, provided
that You retain no copies of the Software
and the transferee agrees to the terms of
this license; and
D. use the Software in accordance with any
additional permitted uses set forth below.
F. You may install demo version of the
software free of charge.
You may not:
A. sublicense, rent or lease any portion of
the Software; reverse engineer, decompile,
disassemble, modify, translate, make any
attempt to discover the source code of the
Software, or create derivative works from
the Software;
B. use a previous version or copy of the
Software after You have received a disk
replacement set or an upgraded version. Upon
upgrading the Software, all copies of the
prior version must be destroyed;
C. use a later version of the Software than
is provided herewith unless You have
purchased upgrade insurance or have
otherwise separately acquired the right to
use such later version;
D. use the Software in any manner not
authorized by this license;
2. DISCLAIMER OF WARRANTY. Web Solution Mart
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU
HAD FULL OPPORTUNITY TO TEST "WSM Software
Product" BEFORE ANY LIVE, PUBLIC OR
PRODUCTION USE, THAT YOU ASSUME FULL
RESPONSIBILITY FOR SELECTING AND USING "WSM
Software Product" AND DISTRIBUTING FILES
CREATED THROUGH USE OF [WSM Software
Product], AND THAT IF YOU USE "WSM Software
Product" IMPROPERLY OR AGAINST INSTRUCTIONS,
YOU CAN CAUSE DAMAGE TO YOUR FILES,
SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF "WSM
Software Product" IS BORNE BY YOU. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT. Some
jurisdictions do not allow exclusions of an
implied warranty, so this disclaimer may not
apply to you and you may have other legal
rights that vary by jurisdiction.
3. LIMITATION OF LIABILITY. IN NO EVENT
SHALL Web Solution Mart, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES,
CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES
WHATSOEVER RELATING TO THE USE OF "WSM
Software Product", FILES CREATED USING "WSM
Software Product", OR YOUR RELATIONSHIP WITH
Web Solution Mart. Some jurisdictions do not
allow exclusion or limitation of liability
for incidental or consequential damages,
therefore the above limitation may not apply
to you.
4. RESTRICTED RIGHTS LEGEND. Use,
duplication, or disclosure by the U.S.
Government is subject to the restrictions
set forth in subparagraphs (a) through (d)
of the Commercial Computer-Restricted Rights
clause at FAR 52.227-19 when applicable, or
in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause
at DFARS 252.227-7013, or at 252.211-7015,
as applicable, and in similar clauses in the
NASA FAR Supplement.
5. TITLE. Web Solution Mart or its licensors
own the "WSM Software Product" software, all
other materials in this "WSM Software
Product" Original Distribution Package, the
PAD File Format, and the names and marks Web
Solution Mart, "WSM Software Product", under
the copyright, trademark, and trade secret
laws and all other laws that may apply.
6. TERMINATION. The license will terminate
automatically if you fail to comply with any
of the limitations, conditions or
obligations described herein. On
termination, you must destroy all copies of
the "WSM Software Product" software and all
other materials in this "WSM Software
Product" Original Distribution Package and,
at Web Solution Mart's sole discretion, any
or all of the files created by you using "WSM
Software Product" and distributed to others.
7. GENERAL. This Agreement constitutes the
entire Agreement between the parties with
respect to the subject matter herein and
supersedes all previous and contemporaneous
agreements, proposals and communications,
written or oral between you and Web Solution
Mart. Waiver by Web Solution Mart of any
violation of any provision of this Agreement
shall not be deemed to waive any further or
future violation of the same or any other
provision. This Agreement and any dispute
relating to "WSM Software Product" or to
this Agreement shall be governed by the laws
of the Canada and laws of province of
Ontario. You agree and consent that
jurisdiction and proper venue for all
claims, actions and proceedings of any kind
relating to Web Solution Mart or the matters
in this Agreement shall be exclusively in
courts located in Ontario. If any part or
provision of this Agreement is held to be
unenforceable for any purpose, including but
not limited to public policy grounds, then
you agree that the remainder of the
Agreement shall be fully enforceable as if
the unenforceable part or provision never
existed. There are no third party
beneficiaries of any promises, obligations
or representations made by Web Solution Mart
herein.
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