Toggle-O-Matic Suite End User License Agreement

  1. This is an agreement by and between DWfaq.com and Angela C. Buraglia("Licensor") and the End User ("Licensee"), who is being licensed to use Toggle-O-Matic Suite.
  2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, copyrights and interests in the Software and the code output by the software.
  3. This License permits Licensee to install the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
  4. NOT FOR DISTRIBUTION. Licensee may not include the Toggle-O-Matic Suite extension or the JavaScript it produces within any application for distribution without express written permission from Licensor.
  5. Licensor will provide support only for the Software and JavaScript it outputs. Licensee is responsible for any customization of the JavaScript or the provided example files/source code; customization of JavaScript and/or the provided example files/source code is not subject to technical support.
  6. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
  7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE, whether based on lost revenue or otherwise, regardless of whether LICENSEE was advised of the possibility of such losses in advance. In no event shall LICENSOR's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
  8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
  9. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
  10. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
  11. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
  12. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.
  13. Macromedia, Dreamweaver, and/or Fireworks, are either registered trademarks, trademarks, or copyrights of Macromedia, Inc. in the United States of America and/or other countries.
  14. This Agreement shall be governed by the laws of the State of California.

If you have any questions concerning this Agreement, or otherwise wish to contact a support person, write to support@dwfaq.com or visit http://www.dwfaq.com/help/contactus.asp.