This software End User License Agreement ("EULA") is a legal agreement between you and Aaron Todd Sherrill. It provides a license to use this software and contains liability disclaimers. By downloading,
installing or using the software you are indicating your assent to the terms of this license. If you do not agree to all of the following terms, do not download or install the software and discontinue its use immediately.
a. "Developer" (or "the Developer") means the person, Aaron Todd Sherrill.
b. "Program" (or "the Program") means the executable code of Chinese Toolbox.
c. "Software" (or "the Software") means the Program, additional tools, libraries, data files, any updates or error corrections provided by the Developer, any user manuals, guides, and online or electronic documentation.
2. SOFTWARE CONTENT
The Software consists firstly of the Chinese Toolbox installer package: ChineseToolboxInstaller.exe or ChineseToolboxInstaller.msi. The installer places the Chinese Toolbox program and other files used by Chinese Toolbox onto a computer running Windows 8, Windows 7, Windows Vista, or Windows XP. The Program does not run on Windows 2000 or earlier versions of Windows.
Files installed on your computer include the following:
a. The main computer program: ChineseToolbox.exe
b. Binary data files: ChineseToolbox.cfg and ChineseToolbox.dat
c. Icon file: ChineseToolbox.ico
d. The Chinese Toolbox End User License Agreement: ChineseToolboxLicense.txt
e. Dynamic link libraries: ChineseToolbox.dll, borlndmm.dll, cc3250.dll, cc3250mt.dll
f. The MDBG word dictionary file: cedict_ts.u8. This file is available from http://www.mdbg.net/chindict/chindict.php?page=cc-cedict. It is distributed under the Creative Commons Attribution-Share Alike 3.0 License at http://creativecommons.org/licenses/by-sa/3.0/.
g. readme.txt file
Except for the following five copyrighted works:
a. Text imported from the Unihan database (see the Unicode copyright and permission notice below),
b. The MDBG word dictionary (cedict_ts.u8),
c. The Chinese poem ("An Old Fisherman", by Liu Zongyuan) that initially appears in the Reader window of Chinese Toolbox,
d. "Modern Chinese Character Frequency List" by Jun Da, and
e. "Frequency and Stroke Counts of Chinese Characters" by Chih-Hao Tsai,
the Software, all images, photographs, icons and text incorporated in the Software are owned and copyrighted by the Developer and are protected by United States copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to the Developer. Your license confers neither title to nor ownership in the Software.
4. LICENSE GRANT
4.1 The Developer grants you a license to use the Software without charge (free) for your own personal use in studying Chinese.
5. LICENSE RESTRICTIONS AND LIMITATIONS
5.1 Bugs and Program Errors: Though much effort has been spent to ensure program reliability, the Developer cannot guarantee that Chinese Toolbox is entirely free of program errors. You may email descriptions of problems to firstname.lastname@example.org; however, the Developer cannot guarantee when or if program errors will be corrected. Depending on the severity of bugs, program errors, or other problems, bug fix versions of Chinese Toolbox may be released, or the corrections may be incorporated into the next major or minor release of the Software.
5.2 Software Expiration: When a newer version of Chinese Toolbox becomes available, the older version may be expired. When a version of Chinese Toolbox is expired, it will cease to function. Until automatic update functionality is developed and incorporated into Chinese Toolbox, you will need to uninstall the old version, download the new version, and install the new version of Chinese Toolbox to continue using the Software. Notices at the Chinese Toolbox website (www.chinesetoolbox.com) will inform you of an upcoming program expiration.
6. COPIES AND ADAPTATIONS
The Software may be copied freely in its original, downloaded format. It may not be modified or adapted.
7. NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble, decompile or reverse-engineer the Software in any way. You may not edit the contents of the Chinese Toolbox binary files.
8. DATA COLLECTION: The Software collects basic technical information regarding its performance on your computer to be used solely for developing improved versions of the Software. The Software does not collect any personal information.
9. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
10. NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR DIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. CUSTOMER REMEDIES
YOUR EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF THE SOFTWARE BY DOWNLOADING FROM CHINESETOOLBOX.COM OR AUTHORIZED SOFTWARE DISTRIBUTORS.
This Software is intended for use with media, files, and content for which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the content that you use in conjunction with this Software. You agree to hold harmless, indemnify and defend the Developer and third party suppliers against any loss, damage, fine, or expense (including attorney’s fees) arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.
This Agreement shall continue for the duration of the Developer's copyright in the Software unless earlier terminated. The Developer may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement.
14. UNICODE COPYRIGHT AND PERMISSION NOTICE
Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that (a) the above copyright notice(s) and this permission notice appear with all copies of the Data Files or Software, (b) both the above copyright notice(s) and this permission notice appear in associated documentation, and (c) there is clear notice in each modified Data File or in the Software as well as in the documentation associated with the Data File(s) or Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE 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 COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR 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 these Data Files or Software without prior written authorization of the copyright holder.
15. ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and the Developer with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein.
16. CONTACT INFORMATION
Aaron Todd Sherrill
17. COPYRIGHT NOTICE
Copyright © 2013 Aaron Todd Sherrill. All rights reserved.