DiscLabel License Agreement

SmileOnMyMac, LLC grants you a non-exclusive license to use one copy of the DiscLabel software, subject to the terms of this Agreement.

You may do the following:

1. You may use DiscLabel only for evaluation purposes. If you continue to use DiscLabel for more than 20 documents or 30 days, you MUST purchase a serial number. Purchase of serial number(s) absolves you of this condition for the number of copies specified in your receipt.

2. You may install and use DiscLabel on any computer used primarily by you (for example, work and home computers or desktop and laptop computers).

3. You may make backup copies of DiscLabel, provided that you retain possession of your originals and your copies.

4. You may distribute copies of the DiscLabel Installer or post them on a public server, provided these are unaltered copies of the then latest version of the DiscLabel Installer obtained directly from SmileOnMyMac, LLC.

5. You may transfer all your rights to use DiscLabel to another person or legal entity provided that you transfer this Agreement, any serial number(s), and all copies and versions of DiscLabel. You must not retain any copies of DiscLabel.

You may not do the following, as DiscLabel is the property of SmileOnMyMac, LLC:

1. Sell, sublicense, rent, lease, or lend DiscLabel.

2. Disclose your purchased DiscLabel serial number(s) to anyone other than SmileOnMyMac, LLC.

3. Modify, reverse engineer, disassemble, decompile, or make any attempt to discover the source code of DiscLabel.

4. Use DiscLabel templates provided by SmileOnMyMac, LLC for commercial purposes of more than 1,000 labels.

SmileOnMyMac, LLC warrants that for 30 days after purchase of serial number(s) DiscLabel will perform in substantial accordance with its documentation. 

There are no other warranties or conditions, express or implied, and SmileOnMyMac, LLC DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be to return the price you paid for your serial number.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

The following general terms apply:

1. This agreement takes effect upon your use of the software and remains in effect until terminated. You may terminate this agreement by destroying all copies of DiscLabel and any serial number(s) in your possession. This license terminates automatically if you fail to comply with any term or condition. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

2. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

3. This license agreement may be modified only by a writing signed by you and us.

4. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

5. This license agreement is governed by the laws of the State of California.

6. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

7. You acknowledge that SmileOnMyMac, LLC may not have produced the content you download via DiscLabel and that it may be objectionable, inaccurate, or incomplete and agree that you must evaluate and bear all the risks associated with any downloaded content. Under no circumstances will SmileOnMyMac, LLC be liable for downloaded content.

8. You acknowledge that the template sharing and download service offered by SmileOnMyMac, LLC may be terminated at any time and for any reason without notice to you.

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Regarding copyright:

This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, contact your legal advisor.

SmileOnMyMac, LLC respects the intellectual property of others, and we expect our users to do the same. If you believe that a DiscLabel template has been created in a way that constitutes copyright infringement, please provide SmileOnMyMac, LLC's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

2. A description of the copyrighted work that you claim has been infringed; 

3. A description of where the material that you claim is infringing appears in the templates;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

6. A statement by you that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

SmileOnMyMac, LLC's Copyright Agent may be reached as follows:

By mail:
Greg Scown
PMB 278
350 Bay St., Suite 100,
San Francisco, CA 94133

By fax:
+1-408-884-2320

By E-mail:
copyright@smileonmymac.com

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DiscLabel includes libcurl <http://curl.haxx.se/libcurl/>, which stipulates we include the following:

COPYRIGHT AND PERMISSION NOTICE

Copyright (c) 1996 - 2002, Daniel Stenberg, <daniel@haxx.se>.

All rights reserved.

Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

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DiscLabel includes expat <http://expat.sourceforge.net/>, which stipulates we include the following:

Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd
                               and Clark Cooper
Copyright (c) 2001, 2002 Expat maintainers.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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DiscLabel includes expatobjc <http://expatobjc.sourceforge.net/>, which stipulates we include the following:

Copyright (c) 2002 Rafael R. Sevilla

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
