Event Scroller - Calendar of Events 2011.11

EULA - End User License Agreement

EVENT SCROLLER LICENSE AGREEMENT

BY INSTALLING OR USING THE EVENT SCROLLER SOFTWARE, YOU AGREE ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT THAT YOU OR SUCH ENTITY ARE BOUND BY, AND A PARTY TO, THIS AGREEMENT AS THE "LICENSEE." IF YOU OR THE ENTITY YOU REPRESENT DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST YOU MUST NOT INSTALL OR USE THE EVENT SCROLLER SOFTWARE, AND YOU OR THE ENTITY YOU REPRESENT, DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.

1. DEFINITIONS.

a) "Agreement" means this EVENT SCROLLER License Agreement.

b) "Product" means the EVENT SCROLLER program.

c) "EVENT SCROLLER" means the executable code version of the Main Program and any file or plugin, which is a part of EVENT SCROLLER, in any version or edition includin Web EVENT SCROLLER,
and School EVENT SCROLLER products.

d) "Main Program" means the executable code portion of the EVENT SCROLLER program which hosts Plugins, and is not itself a Plugin. The Main Program is the program identified as EVENT SCROLLER at the following URL: http://www.eventscroller.com

e) "Plugin" means a program which interacts with the Main Program, that changes the functionality of the EVENT SCROLLER program, and includes any files that define how it should behave, and the graphics that create the visual look, and interface of the plugin.

f) "Update" means a revision to the EVENT SCROLLER program, file or plugin. It is designated by a change in the version number.

g) "Documentation" means the help pages hosted on the eventscroller.com website, and which may also be accessible through the EVENT SCROLLER Help menu.

1. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement.

2. TRIAL TERM. EVENT SCROLLER is distributed as fully functional, uncrippled trial version software. You are entitled to evaluate EVENT SCROLLER for a period of up to 14 days free of charge. However, any scroller generated by the program must leave the disclaimer at the bottom of the scroller, and you many not Alter, Remove any logo, copyright, trademark, or other proprietary notices in the generated scroller, including the link to www.eventscroller.com. After the 14 day trial period, you are required to register the EVENT SCROLLER program, otherwise Licensee''s right to use the Product shall terminate immediately and without notice at teh end of the 14 day trial period. Upon termination, Licensee shall destroy all copies of the Product. Continued use of EVENT SCROLLER, beyond the 14 day trial period without registration is illegal.
3. LICENSE GRANT. Provided Licensee complies with the terms and conditions of this Agreement and has paid the applicable license fees. SEAAPPLE Software grants the Licensee a personal, non-exclusive, and non-transferable license to install and use the EVENT SCROLLER program. Upon SEAAPPLE''s receipt of the applicable license fees, a serial number key will be issued to Licensee to unlock the EVENT SCROLLER program, and remove trial version restrictions.
In situations where multiple persons will use the product, you must purchase an individual license for each member of the group using the program (the licenses as a whole is called a "site license").
4. RESTRICTIONS ON USE.
Licensee may not:
(i) Modify or create any derivative works of the Product.
(ii) Decompile, reverse engineer, disassemble, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Product, or (b) defeat, bypass, avoid, remove, deactivate or otherwise circumvent any software protection mechanisms in the Product (except to the extent applicable laws specifically prohibit such restriction);
(iii) Redistribute, sell, rent, lease, sublicense, or otherwise transfer the
Product or rights to any other party.
(iv) Alter, Remove any logo, copyright, trademark, or other proprietary
notices in the Product. The SEAAPPLE produced plugins that are provided with the EVENT SCROLLER may only be used with the Main Program and may not be used with any other program or other third party product.

5. SUPPORT. The Licensee will have access to online self help services, but will not be entitled to receive from SEAAPPLE any technical support or telephone assistance.

6. FEES. A license fee is required in order to use the EVENT SCROLLER program beyond the 14 day trial evaluation. Fee information is available at: http://www.eventscroller.com

7. UPDATES. This license does not entitle Licensee to Updates to the EVENT SCROLLER. If Updates to the EVENT SCROLLER are made available, they will be available for download from the www.eventscroller.com website and will be subject to then current license agreement and payment of any additional license fees.

8. PRIVACY. By installing the Product, you consent to the collection and processing of information in accordance with SEAAPPLE''s Privacy Policy.
Information is collected about the publish location of the scrollers and the license status/information of the application.
Diagnostic Information from the application is sent back, stored and collected, including the registration information, days left in the trial period,
windows version and so on.
9. TERMINATION. Should Licensee breach this Agreement, Licensee''s right to use the Product shall terminate immediately and without notice. Upon termination, Licensee shall destroy all copies of the Product.

10. PROPRIETARY RIGHTS. The EVENT SCROLLER program is protected by copyright and other intellectual property laws and by international treaties. You agree that SEAAPPLE may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Product.
11. DISCONTINUATION
Without advertising, SEAAPPLE Software has all rights to terminate the services included in the program including, but not limited to, technical support, upgrades, sales, and other activities related to the program.

12. REDISTRIBUTION
You may redistribute the 14-Day trial version of the EVENT SCROLLER program, provided you distribute no more than 5 physical copies of the program and that all files remain unmodified and that no additional files are redistributed with the package. You must ask and receive written permission, to distribute more then 5 copies of the program. Only SEAAPPLE Software has the right to sell its program, you may not charge any money for the distribution of the program.

13. IMAGES

SEAAPPLE Software has made a good-faith effort to ensure that the images included with the software are free of all copyright restrictions, or are free to use. However, we do not guarantee that all images are copyright-free and assume no liability or responsibility for any copyright infringement, or errors. The following description of our collection will help you make an informed decision concerning its use.
14. LICENSE VERSION
Web EVENT SCROLLER - (Unlimited)
With the Unlimited Business Edition, you can publish an unlimited number of commercial or business related scrollers online to any web site. The program can be installed on up to two computers, and used by up to two users. License allows use in work, organization, and business environment.
Web EVENT SCROLLER - (Single Site)
Single web site License. License allows user to publish and maintain scrollers on a single company web site. Allows use in a business or commercial environment. Single user license.
Web EVENT SCROLLER - (Home)
Single web site License. Single user license, non commercial use. Can be used to publish personal or hobby related scrollers only. Not for use inside a business or organization.
WITH RESPECT TO THE CLIPART FOLDER AND ITS SUBFOLDERS
I. Photos with names which begin with capital Letter A, are
U.S. Air Force photos courtesy of Air Force Link http://www.af.mil/

US Federal Government: Although there are exceptions, works of the federal
government are in the public domain. The Air Force Link website identifies the
photos as public information "Information presented on Air Force Link is considered
public
information and may be distributed or copied. Use of appropriate
byline/photo/image credits is requested."

II. Photos with names which begin with captial Letter B, are from www.pdPhoto.org
These photos are labeled as follows: Jon Sullivan has released these photos into
the public domain.

III. Photos with names which begin with captial Letter C, are from
http://www.noaa.gov/
National Oceanic & Atmospheric Adminstration (NOAA), "Most NOAA photos and
slides are in the public domain and CANNOT be
copyrighted. Although at present, no fee is charged for using the photos credit
MUST be given to the National Oceanic and Atmospheric
Administration/Department of
Commerce unless otherwise instructed to give credit to the photographer or other
source."

IV. Textures.
Textures stored in the ClipArt folder, and used in scrollers are subject to
the following license

License
These textures are Copyright ? Mayang Murni Adnin, 2001-2004. They have all been
taken by our own cameras or created by ourselves. They are free to use for all uses,
whether commercial or non-commercial (you may incorporate them into your work
with no requirement to pay us any licensing fee etc).
However, you may not sell any or all of these textures. Any redistribution of any of the
textures should credit the authors and this web site, and a maximum of 50 of
these textures may be redistributed together.

V. ClipArt.
The source of the clip art Used in creating some scroller graphics, came from
http://clipart.freedesktop.org/. To the best of our knowledge, all images used
have been placed in the public domain.
13. INDEMNIFICATION. Licensee agrees to indemnify, hold harmless, SEAAPPLE Software and its affiliates, and its licensors from any and all costs, damages and reasonable attorneys'' fees resulting from any breach of this Agreement or claim that Licensee''s use of the Product has injured or otherwise violated any right of any third party or violates any law.

14. LIMITED WARRANTY FOR EVENT SCROLLER PRODUCT. Provided Licensee has paid the applicable license fees for the EVENT SCROLLER Product and is in compliance with the terms and conditions hereof, for fourtneen (14) days after the date of download of the SEAAPPLE warrants that the unmodified EVENT SCROLLER product, when properly installed and used, will substantially achieve the functionality described in the applicable Documentation. THIS LIMITED EXPRESS WARRANTY FOR THE PREMIUM PRODUCT CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT. IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES SEAAPPLE WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD OF ANY ERRORS OR FAILURES, SEAAPPLE WILL USEREASONABLE EFFORTS TO PROMPTLY CORRECT, REPLACE OR PROVIDE A WORK AROUND FOR SUCH ERROR OR FAILURE, AT NO CHARGE TO LICENSEE, OR AT SEAAPPLE''S SOLE OPTION, PROVIDE A REFUND TO LICENSEE. THIS IS LICENSEE''S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES HEREUNDER.

15. WARRANTY DISCLAIMER FOR THE EVENT SCROLLER PROGRAM. THE EVENT SCROLLER IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. SEAAPPLE, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,INCLUDING THEWARRANTIES THAT THE EVENT SCROLLER PRODUCT IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE EVENT SCROLLER PRODUCT WILL MEET LICENSEE''S REQUIREMENTS, OR THAT ERRORS IN THE EVENT SCROLLER PRODUCT WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE EVENT SCROLLER PRODUCT 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, SEAAPPLE, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANYREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE EVENT SCROLLER PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEAAPPLE OR A SEAAPPLE AUTHORIZEDREPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. SEAAPPLE AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE''S USE OF THE WEBEVENT SCROLLER PRODUCT. LICENSEE BEARS THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE EVENT SCROLLER PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEAAPPLE SOFTWARE, ORITS AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
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ONLINE scroller HOSTING AGREEMENT
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SEAAPPLE SOFTWARE PROVIDES THIS scroller HOSTING SERVICE SO THAT YOU MAY PUBLISH THE scroller ONLINE ON OUR WEB SITE.

THE SOFTWARE AND ANY UPDATES Event scroller MAY ELECT TO PROVIDE ARE REFERRED TO AS THE "SOFTWARE." THE ONLINE scroller HOSTING SERVICE IS REFERRED TO AS "EVENT SCROLLER HOSTING" OR “scroller HOSTING" OR “HOSTING”.
EVent Scroller IS WILLING TO PROVIDE YOU WITH ACCESS TO THE WEB SITE AND TO LICENCE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING EITHER THE WEB SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT THIS SERVICE.
I.Hosting Services Provided by SeaApple Software.
EVENT SCROLLER Hosting is an online scroller Service that allows you to enter, store, modify and view scroller data over the Internet. SeaApple Software reserves the right at any time and from time to time to modify the Service with or without notice.

The hosting service is currently under going beta testing before being released.
The hostingservice may change in function and may experiance down time and reliablilty issues.
It may also be discontinued without notice. Use the service for testing only.
II. By submitting any scroller content to the EVENT SCROLLER Hosting service, you warrant that you are the owner of the scroller content or you have been granted all the rights necessary from the owner of the Content to submit content to EVENT SCROLLER.

III. You are solely responsible for using the EVENT SCROLLER Hosting Service in a manner consistent with all applicable local, federal and state laws.

IV. Term and Termination.
The Service Agreement License shall be effective upon purchase of online hosting credit and thereafter shall continue on a month to month basis or a year to year basis depending on the type of online credit purchased or until terminated with seven days e-mail notice by either party. Cancellation requests may be sent to support@seaapple.com
V. Data Transfer
You agree to limit the amount of data transfer to a total of 1 gigabyte of data per month (31 days). Data transfer “in” and “out” refers to transfer into and out of Hosting Service. Data transfers can occur when you upload scroller files to the hosting service. A data transfer will be necessary every time you publish or update the scroller(s). Breaking this transfer limit can result in the termination of your license agreement without a refund, or you may be asked to purchase additional online credits.
VI. Online Traffic
You agree to limit the amount of online traffic to the scroller(s) to a total of 1 gigabyte of data per month (31 days). Online traffic occurs every time someone loads or opens one of the scroller pages or scroller content on the internet. Breaking this transfer limit can result in the termination of your license agreement without a refund, or you may be asked to purchase additional online credits.

VII. scroller Removal
At sole discretion of SEAAPPLE SOFTWARE, we reserve the right to remove your scroller, your scroller data and scroller content from the hosting Service. Old or abandoned scrollers can be removed. Any scroller not updated in over a year is subject to being removed.
All scrollers published using the trial version of EVENT SCROLLER can be removed.
scroller breaking the data transfer limit or online tranfer limit can be removed.
VIII. Amazon S3.
scroller online hosting relies on the use of Amazon S3 services. As such it is subject additional terms imposed by the terms of use of the Amazon S3 service.
You agree to abide by those terms. More details can be found at Amazon S3 website.
V. Termination by SeaApple Software.
You acknowledge and agree that SeaApple Software at its sole discretion, may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice and for any reason, including if you engage in any conduct that SeaApple Software believes: (a) violates the letter or spirit of any term or provision of the Service Agreement License, (b) violates the rights of SeaApple Software or third parties, or (c) is otherwise inappropriate for continued access and use of the Service.
Warranty: YOUR USE OF THE WEB SITE, ONLINE scroller HOSTING AND EVENT SCROLLER ITEMS IS AT YOUR OWN RISK. OTHER THAN TO THE EXTENT EXPRESSLY SET FORTH IN YOUR AGREEMENT WITH THE PARTY OR PARTIES WHO SUPPLIED YOU WITH A SYSTEM THAT CONTAINS THE Event Scroller CHIP OR IN YOUR EVENT SCROLLER LICENSE AGREEMENT, IF ANY, YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. CONDITIONS OF USE OF THE SEAAPPLE ITEMS ARE BEYOND EVENT SCROLLER'' KNOWLEDGE AND CONTROL, AND EVENT SCROLLER ASSUMES NO LIABILITY FOR RESULTS OBTAINED OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE APPLICATION OF THE DATA, INFORMATION OR SOFTWARE CONTAINED ON THE WEB OR SEAAPPLE ITEMS.
No Liability for Damages: IN NO EVENT SHALL EVENT SCROLLER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL EVENT SCROLLER ENTIRE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
Software License Agreement
(c) 2011 SEAAPPLE Software - All Rights Reserved