Evaluation License Agreement

IMPORTANT - READ CAREFULLY.
This Visual Face Lift End-User License Agreement ("EULA") is a legal AGREEMENT between you and NOPcode.com for the Visual Face Lift software product identified above, which product 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, then DO NOT install or use the SOFTWARE PRODUCT.

Software Product License
TERMS AND CONDITIONS of an AGREEMENT by and between NOPcode.com and you (either an individual or an entity) . By installing this software package, or exercising your rights to make and use copies of the Software (as may be provided for below), or pressing the 'Yes' button below, you agree to be bound by the terms of this License Agreement.

The enclosed software, including, but not limited to, one or more of the following: source code, binary object code, dynamic link libraries, static libraries, header files, sample programs, utility programs, make files, scripts, together with the accompanying documentation (collectively known as the "SOFTWARE") is owned by NOPcode.com or its suppliers and is protected by U.S. copyright laws and international treaties. Therefore, you must treat the SOFTWARE like any copyrighted material (e.g., a book or musical recording) except that you may make either (a) one backup copy of the Software solely for backup purposes, or (b) transfer the Software to a hard disk and keep the original copy solely for backup purposes.

Updates to the trial (demo) version of the Software are not provided and only limited support will be considered and made available. The trial (demo) version of the Software is considered a non-licensed product and as such may not be used in any production product.
Updates to the fully licensed (non-trial) version of the Software are provided free of charge for one (1) year after the original purchase date. Additional support past the initial one year will be provided a per the maintenance agreement, or on as a as-needed basis. At our option, we may make minor or major updates to the Software available to you free of charge, depending on the nature of the update and the status of your maintenance agreement.

NOPCODE.COM GRANTS TO YOU THE LIMITED RIGHT TO USE THE SOFTWARE IN THE MANNER SET FORTH IN THIS AGREEMENT.

Subject To The Restrictions Contained In This Agreement You May
(i) Use the SOFTWARE PRODUCT for a period of thirty (30) days from the date you receive the software (the "Term"). You are granted a non-exclusive and non-transferable license to install and internally use the SOFTWARE PRODUCT for beta testing and evaluation purposes only. At the end of the Term, you must immediately cease use of and destroy the SOFTWARE PRODUCT. The SOFTWARE PRODUCT may contain a mechanism which (a) disables the SOFTWARE PRODUCT at the end of the Term and/or (b) advises the end user that the license has expired and/or (c) advises the end user that your application is using evaluation software. (ii) use and modify the source code version of those portions of the Software that are identified in the documentation as the Sample Code ("SAMPLE CODE"), provided you do not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE, in source code form.

Notwithstanding Any Provisions In This Agreement To The Contrary, You May Not
(i) Distribute in any manner any of the header files, source code, SAMPLE CODE, SAMPLE PROGRAMS or FILES, make files, object modules, static libraries, or any part of the Software; (ii) use, copy, modify, merge or compile all or any portion of the source code or object code of the Software except as expressly provided in this agreement. (iii) modify the dynamic link libraries and statically linked libraries and incorporate the modified dynamic link libraries and statically linked libraries into software application products that you develop; (iv) make and distribute copies of the dynamic link libraries and statically linked libraries of the Software as incorporated into software application products that you develop (v) make telecommunication transmittal of the Software; (vi) distribute any portion of the Software or any derivative of any portion of the Software in a software development product or otherwise in competition with NOPcode.com's distribution of the Software; (vii) decompile, disassemble or reverse engineer any object code form of any portion of the Software; (viii) expose the interfaces of the Software through your application (e.g. an OCX, DLL, class library, etc.); (ix) rent or lease the Software; (x) disclose any source codes of the Software to any person or entity; (xi) port the Software to any computer Operating System; (xii) use the Software in part or in whole, to create, modify, or extend a system-wide program or application designed to skin other applications outside of your product. These include, but are not limited to, shell or desktop replacement programs, deep or shallow system level hook programs, and the like.

THE SOURCE CODE, DOCUMENTATION, AND EXAMPLE FILES OF THE SOFTWARE ARE VALUABLE ASSETS OF NOPCODE.COM YOU AGREE TO KEEP ALL THE COMPONENT PARTS OF THE SOFTWARE IN CONFIDENCE. YOU MAY NOT TRANSFER OR ASSIGN THE SOFTWARE OR YOUR RIGHTS UNDER THIS AGREEMENT.

Limited Warranty
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE, SAMPLES, AND SKINS) ARE PROVIDED "AS IS". NOPCODE.COM DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENT, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.

NOPcode.com does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. NOPcode.com is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software nor for problems in the interaction of the Software with other products. NOPcode.com will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication.

THIS SOFTWARE IS INTENDED FOR COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL USERS. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NOPCODE.COM, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. NEITHER NOPCODE.COM NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF NOPCODE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT NOPCODE.COM IS LIABLE FOR ANY DAMAGES, NOPCODE.COM'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Visual Face Lift is copyrighted (C) 1999-2003 by NOPcode.com. All trademarks and/or trademarked names, common names, or images are trademarks of their respective companies and no infringement is implied. NOPcode.com, Visual Face Lift and its derivatives, are trademarked by NOPcode.com.

http://www.nopcode.com