License Agreement

Caleido, DesktopPad - End-User License Agreement

IMPORTANT-READ CAREFULLY: This DesktopPad End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Caleido for the SOFTWARE(s) identified above, which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. 

1. GRANT OF LICENSE.  Caleido grants you the right to install and use copies of the SOFTWARE on your computers as long as the terms of this agreement are respected.

2. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any costs you incur in distributing the SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the software itself.  Your distribution of the SOFTWARE will not entitle you to any compensation from Caleido.

3. RESTRICTIONS. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify, translate, enhance or create any derivative works based on the SOFTWARE or incorporate it into any other software.  You may not cause the copyright notice or other proprietary notice or this EULA not to be displayed. 

4. SUPPORT SERVICES. Caleido may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the Caleido polices and programs described in the user manual, in online documentation, and/or other Caleido-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Caleido as part of the Support Services, Caleido may use such information for its business purposes, including for product support and development. Caleido will not utilize such technical information in a form that personally identifies you.

5. TERMINATION. Without prejudice to any other rights, Caleido may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.

6. COPYRIGHT. The SOFTWARE is protected by Switzerland copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain t he exclusive property of Caleido and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

7. NO WARRANTIES. The SOFTWARE is provided free of charge. Caleido expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

8.  LIMITATION OF LIABILITY  IN NO EVENT SHALL CALEIDO OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF CALEIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN  ANY EVENT,  CALEIDO'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF U.S. $1.00 OR ANY LICENSE FEE PAID BY YOU

9. MISCELLANEOUS.  If you acquired the SOFTWARE in Switzerland, this EULA is governed by the laws of Basel. If you acquired the SOFTWARE outside Switzerland, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact Caleido for any reason, please contact Caleido by mail at: Caleido, Ob dem Hgliacker 58, CH-4102 Binningen/Switzerland, by telephone at: 0041 61 308 96 05, or by electronic mail at: info@caleido.ch.