LINGOES PROFESSIONAL END-USER LICENSE AGREEMENT

This agreement (or "EULA") is a legal agreement between the person, company, or organization that has licensed this software ("YOU" or "CUSTOMER") and LINGOES PROJECT. By installing and using the software, customer accepts the software and agrees to the terms of this agreement. Read it carefully before completing the installation process and using the software. By installing and/or using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, or do not have authority to bind customer to these terms, then do not install and/or use the software.

1. LICENSE GRANTS

1. you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run.
2. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.

2. LICENSE RESTRICTIONS

1. Other than as set forth in Section 1, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
4. Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, all platforms, this EULA, the Activation Code, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA.
   You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software.
5. In the event that you fail to comply with this EULA, LINGOES PROJECT may terminate the license and you must destroy all copies of the Software.

3. OWNERSHIP

1. The foregoing license gives you limited license to use the Software. LINGOES PROJECT and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, and all copies thereof. All rights not specifically granted in this EULA, are reserved by LINGOES PROJECT and its suppliers.
2. All copyrights and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software), the accompanying printed materials, and any copies of the software are owned by LINGOES PROJECT.
3. All copyrights and intellectual property rights of all dictionaries and contents which can be accessed by the Software but not as a part of the software installation program belong to the respective owners of contents, and they may be protected by laws and treaties of copyright or other intellectual property rights, the EULA doesn't authorize you any right of using these contents. You must get agreement and authorization of the owners of these content before you used them.
4. All copyrights and intellectual property rights of dictionaries & text translation service online which can be accessed by the Software belong to the respective service providers. LINGOES PROJECT and its suppliers don't make any promise for quality and period of the dictionaries & text translation service online, and keep all rights of changing the service.

4. LIMITED WARRANTY AND DISCLAIMER

1. LINGOES PROJECT warrants that, for a period of thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
2. Provided that any non-compliance with the above warranty is reported in writing to LINGOES PROJECT no more than thirty (30) days following delivery to you, LINGOES PROJECT will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. LINGOES PROJECT shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. This remedy is the sole and exclusive remedy available to you for breach of express or implied warranties with respect to the software and related documentation.
3. The software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. LINGOES PROJECT specifically disclaims any express or implied warranty of fitness for such purposes.

5. LIMITATION OF LIABILITY

1. Neither LINGOES PROJECT nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if LINGOES PROJECT or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
2. LINGOES PROJECT's total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the software that caused such damage.

6. OTHER

1. Any dispute arising from or in connection with this agreement shall be submitted to China Guangzhou Arbitration Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
2. All rights not specifically granted in this EULA, are reserved by LINGOES PROJECT and its suppliers.

©2006-2009 Lingoes Project, All Rights Reserved.