NOTICE: By installing, operating, copying, distributing, or otherwise using Newsbin, you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL Newsbin.
Conditioned on your honoring the terms of this Agreement, DJI Interprises, LLC ("DJII") grants you a non-exclusive, non-transferable license (the "License") to install and use the current version of DJII’s software product Newsbin Professional, including the accompanying user documentation and any later versions within the same major release series (collectively, "Newsbin"), for your personal, lawful, non-infringing use on up to three (3) personal computers or workstations in accordance with this Agreement. A separate License for each personal computer and workstation after the third or for which you do not personally use must be purchased.
The License extends for a single Trial Period of 10 days following your first installation of Newsbin to permit you to evaluate Newsbin. The License will terminate automatically at the end of the Trial Period unless you register your copy of Newsbin first. You may not use Newsbin for more than one Trial Period.
If you register your copy of Newsbin with DJII and pay the License Fee, the License will remain in effect perpetually unless terminated as provided below.
You may provide copies of Newsbin to others for their trial use so long as you:
Back-Up Copies. You may make up to two exact, unmodified copies of Newsbin solely for your own back-up or archival use.
You may not:
Title to, ownership of, and all copyrights and other intellectual property rights in Newsbin and all copies thereof shall remain solely in CM Computer Enterprises, Inc (CMCEI) with DJII designated as owning exclusive rights to selling Newsbin. Newsbin is protected by U.S. copyright and other intellectual property laws and by international treaties. DJII reserves to itself all rights not expressly granted in this Agreement.
Newsbin and all related support and advice are provided "AS IS" and without warranty of any kind. DJII disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Newsbin searches, and provides information from, various third party sources which are not practicable for DJII to verify. DJII makes no warranty, and shall have no liability, with respect to the accuracy, completeness, currency, usefulness, legality, non-infringement, or any other aspect of any third party information, images, files, programs, or other items obtained by means of Newsbin.
DJII does not warrant that Newsbin will meet your specific needs or requirements, nor that Newsbin will retrieve all the information you would like it to retrieve or believe it should retrieve, nor that the operation of Newsbin will in all instances be uninterrupted or error-free. Because software is inherently complex and may not be completely free of errors, and because third party information has not been verified by DJII, you must verify all results before relying on them.
DJII shall not be liable for any direct, indirect, consequential, special, incidental, or other damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs, system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance, quality, results, use of, or inability to use Newsbin or any support, advice, products, or services which are or should have been provided to you, even if DJII has been advised of the possibility of such damages.
Newsbin may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License.
DJII shall not be liable for any damages incurred as a result of such technical protections or the failure of Newsbin to operate outside the scope of the License.
DJII shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.
No action arising under or relating to this Agreement, to Newsbin, or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you.
DJII may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of DJII’s rights in Newsbin.
DJII may terminate the License upon ten days written notice if DJII believes that your use of Newsbin may infringe any third party rights. If such termination occurs within 24 months of your first installation of Newsbin, DJII will provide you a modified, non-infringing version of Newsbin and reinstate the License.
Immediately upon termination of the License, you must stop using Newsbin and destroy all copies of Newsbin within your possession, custody, or control.
You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void
You agree to reimburse DJII for all costs, including reasonable attorney’s fees, incurred to enforce any of DJII’s rights under this Agreement or in Newsbin or to defend any claims you assert unsuccessfully against DJII.
Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States of America. All disputes arising under this Agreement or in connection with Newsbin shall be resolved in the state or federal courts serving Fairfax County, Virginia, except that actions for infringement of intellectual property rights may be brought in any court of competent jurisdiction.
This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of Newsbin and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and DJII. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and DJII.
If you have questions or desire additional information about Newsbin, DJII, or DJII’s software use or privacy policies, please contact firstname.lastname@example.org.