Ichiban Sudoku 1.9

EULA - End User License Agreement

Ichiban Sudoku 1.9 Copyright 2006 Vellosoft

EULA (End User License Agreement)

Your use of this software indicates your acceptance of this license agreement and disclaimer of warranty. You should read through the following terms and conditions carefully before using this software.

We will not be held responsible for any catastrophic injuries that may occur should you choose to violate this agreement.

License Agreement (Shareware Version)

This software is totally free! Whether or not you choose to visit our sponsors is up to you, althought we hope you might support the software by doing so.

Purchasing the ad-free version is simple and costs only $10.00 US Dollars. Simply click on the "I'M BUYING" link from the opening or closing screens and you will be taken to a secure site which accepts credit card payment. Once the program is paid for, email us your Software Code and in return, we will respond with the Registration Key that will unlock and register your copy.

Disclaimer of Warranty (Shareware and Registered Versions)

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SUPPLIED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL VELLOSOFT OR THE AUTHOR MIKE CORNELISON BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES FROM THE USE OF THIS SOFTWARE.

Distribution (Shareware Version Only)

We encourage you to distribute the shareware version of Ichiban Sudoku to as many people as humanly possible; however, you must distribute it in its entirety with no additions or alterations to the software.

You can always download the latest version of the program from:

http://www.vellosoft.com/ichiban/ichiban.exe

ICHIBAN SUDOKU ADVERTISING MODULE (ADVERTISING MODULE) TERMS OF USE

ICHIBAN SUDOKU ADVERTISING MODULE (ADVERTISING MODULE) TERMS OF USE
These ADVERTISING MODULE TERMS OF USE govern your use of the Advertising Module only. Other terms of use govern any other software that you may choose to install on your computer.

IMPORTANT: READ CAREFULLY BEFORE INSTALLING AND/OR USING THE ADVERTISING MODULE (AS DEFINED BELOW). Your use of the Advertising Module software and any updates thereto (the "Advertising Module") constitutes your acceptance of these terms of use of this Advertising Module ("Advertising Module Terms of Use") provided to you by Vellosoft ("we", "us", or "the Company"), and the Third Party Beneficiary (defined below) and the licensor of the Advertising Module, Candeo Technologies, Inc. ("Candeo"). By clicking on our "I Agree" or "Accept" button, installing, copying or otherwise using the Advertising Module, you agree to be bound by these Advertising Module Terms of Use. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE ADVERTISING MODULE.

Advertising Module Functionality
The Advertising Module is software plug-in to Ichiban Sudoku that displays advertisements during your use of Ichiban Sudoku. The Advertising Module serves you advertisements only when you have an active broadband Internet connection when you are using Ichiban Sudoku. The Advertising Module itself does not preload or cache advertisements that you see, although the Internet Explorer WebBrowser control that we use to serve your advertisements via http protocol may cache advertisements on your computer as part of its standard optimization algorithms. The Advertising Module does not serve pop-up or pop-under advertising to you of any kind nor does it collect any personally identifiable information or information about your web usage (i.e., "surfing") behavior.

Privacy
Your privacy is very important. The Advertising Module will NOT install any third party applications to your computer. We do NOT collect, receive or store any personally identifiable information about you or any information about your general Internet usage or computer usage via the Advertising Module. We will not serve any advertisements to you via a "pop-up" or "pop-under" window via the Advertising Module as you surf the web. The information we (or a third party acting on our behalf) may collect and receive is limited to non-personally identifiable information. Please refer to our Privacy Policy at http://www.vellosoft-advertising.com/vellosoft/privacy for more information.

Authority
You represent and warrant that you are duly authorized and have the authority or consent from the owner of the computer on which you wish to download and install the Advertising Module in connection with your use of Ichiban Sudoku.

Third Party Beneficiary
Candeo has authorized us to distribute and sublicense the Advertising Module to you and other end users as provided in these Advertising Module Terms of Use and is an intended third party beneficiary ("Third Party Beneficiary"). As a Third Party Beneficiary to these Advertising Module Terms of Use, Candeo is entitled to directly enforce, in its own name, the rights and obligations undertaken by end users and to seek all legal and equitable remedies as are afforded to us.

Rights Granted
We grant you a nonexclusive, nontransferable, limited license permitting you to download and install the Advertising Module solely for your personal use. You shall not use the Advertising Module in any manner that could damage, disable, overburden, or impair the search services. The rights granted to you hereunder shall not be assigned, sublicensed, or otherwise conveyed to any other person, organization, or entity. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Advertising Module. You may not copy the Advertising Module. You may not translate, reverse-engineer or decompile, make derivative works from, or otherwise attempt to discover any source code in the Advertising Module. You may not modify the Advertising Module or use it in any way not expressly authorized by these Advertising Module Terms of Use or us. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that the introduction of software features, components and upgrades may not be consistent across all platforms and that the performance and features offered may vary depending on your computer and related equipment.

Amendment
We may modify or otherwise amend these Advertising Module Terms of Use at any time without prior notice to you. Any such modifications shall be deemed effective immediately upon publishing on the website located at http://www.vellosoft-advertising/vellosoft/termsofuse (the "Site"). For clarity, should any of these Advertising Module Terms of Use differ from the Advertising Module Terms of Use published on the Site, the version published on the Site shall govern. You agree to the amended Advertising Module Terms of Use by continuing your use of the Advertising Module. If you do not agree with the modified terms, your only remedy is to discontinue using the Advertising Module or to remove it from your computer.

Export Restriction
You will not export or re-export, directly or indirectly, the Advertising Module into any country prohibited by the United States Export Administration Act and the regulations thereunder or those of any foreign agency or authority.

Ownership
You do not become the owner of the Advertising Module. As between you and us, we are the owner or licensee of all intellectual property rights in and to the Advertising Module (excluding the Content). By these Advertising Module Terms of Use, you are conveyed only a limited right to access and use the Advertising Module. All rights not specifically granted herein, including Federal and International copyrights, are reserved by us or our licensors, as applicable.

Content and Disclosure
You understand that all content resulting from your search queries, including, without limitation all data, links, articles, search results, photographs or other materials ("Content") made available or accessible through the Advertising Module, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Advertising Module, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any risks associated with the integrity, quality, legality, accuracy or completeness of such Content. You acknowledge that we do not control or have knowledge of the Content made available or accessible through the Advertising Module.

Content
Through the advertisements served to you by the Advertising Module, we may provide links to Internet sites or resources not owned or controlled by us. Because we have no control over such sites and resources, you acknowledge and agree that neither Candeo nor we are responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Neither Candeo nor we shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Disclaimer of Warranties and Limitation of Liability
THE ADVERTISING MODULE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND AND ARE PROVIDED ON AN 'AS IS' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND CANDEO FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ADVERTISING MODULE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CANDEO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE ADVERTISING MODULE, THE SERVICES OR THE CONTENT, EVEN IF WE OR CANDEO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF EITHER OF CANDEO AND ANY OF ITS AFFILIATES AND US UNDER ANY PROVISION OF THESE ADVERTISING MODULE TERMS OF USE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Indemnification
You agree to release, indemnify, defend, and hold us harmless and hold harmless Candeo, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneys' fees and costs due to or arising out of your use, installation, or download of the Advertising Module or your breach of these Advertising Module Terms of Use.

Termination
You may terminate these Advertising Module Terms of Use at any time by uninstalling Ichiban Sudoku from the computer.

General
These Advertising Module Terms of Use shall be governed by the laws of England and Wales. These Advertising Module Terms of Use contain the complete agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in these Advertising Module Terms of Use shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of these Advertising Module Terms of Use, which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties' intent in entering into these Advertising Module Terms of Use.
With hugs and kisses,

the legal team