Avatar Sizer 1.0.0.9

EULA - End User License Agreement

Licence Agreement

This is a legal agreement between you and The Author, its subsidiaries, Distributors, Authors and Agents (collectively, "The Author"). This Agreement states the terms and conditions upon which The Author offers to license the software either purchased directly from The Author or its agents or downloaded from The Author''s website together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").

This program may give you access to copyrighted material contained within other files and programs. You may only use this program in accordance with the licence provided with those files. Please ensure you have read, and understood, the licence that accompanies those files and programs prior to using this program

Licence

Grant of Licence
The Software is licensed, not sold, to you for use only under the terms of this Agreement. This Licence Agreement is your proof of licence to exercise the rights granted herein and must be retained by you. As between you and The Author (and, to the extent applicable, its licensers), The Author retains all title to and ownership of the Software and reserves all rights not expressly granted to you. The Author grants to you the right to use all or a portion of this Software provided that

1. Avatar Sizer is Free for personal (non-commercial) use only;
2. The Software and The Registered Licence, where applicable, is not distributed under any circumstances;
3. The Software is used only in conjunction with the Data files;
4. The Software may NOT be modified;
5. All copyright notices are maintained on the Software; and
6. The licensee/end-user agrees to be bound by the terms of this Agreement.

Redistribution
You may distribute this software freely provided you do not make a charge for the software. You may make a small charge, not to exceed USD $5.00, to cover your distribution costs.

Transfer of License
You may transfer your license of the Software to a third party.

Limitations on Using, Copying, and Modifying the Software
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.

Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade secrets and other proprietary information of The Author and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.

In particular, you agree not for any purpose to transmit the Software or display the Software''s object code on any computer screen or to make any hard-copy memory dumps of the Software''s object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such information from The Author at the email address listed below. Upon receiving such a request, The Author shall determine whether you require such information for a legitimate purpose and, if so, The Author will provide such information to you within a reasonable time and on reasonable conditions.

In any event, you will notify The Author of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of The Author that may be used only in connection with the Software.

Miscellaneous
No distributor, dealer or any other entity or person is authorised to expand or alter this warranty or any other provisions of this Agreement.

The Author does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including, but not limited to, viruses, Trojan horses, droppers, worms, logic bombs, and the like.

Any representation, other than the warranties set forth in this Agreement, will not bind The Author. You assume full responsibility for the selection of the Software to achieve your intended results, and for the purchase, downloading, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not The Author, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.

TERMINATION
The license granted to you is effective until terminated. You may terminate it at any time by destroying the Software (including any portions or copies thereof) currently in your possession or control. The license will also terminate automatically without any notice from The Author if you fail to comply with any term or condition of this Agreement. You agree upon any such termination to destroy the Software (including any portions or copies thereof). Upon termination, The Author may also enforce any and all rights provided by law. The provisions of this Agreement that protect the proprietary rights of The Author will continue in force after termination.

General
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of the United Kingdom or other applicable provisions. This Agreement is the entire agreement between us and you agree that The Author will not have any liability for any untrue statement or representation made by its, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software.

If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.

Avatar Sizer
March 2004