» version 2.2.1 - posted on 2012-12-27
Internal and Cosmetic changes
» version 2.1.0 - posted on 2010-01-24
EULA - End User License Agreement
END USER LICENSE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA.") CAREFULLY BEFORE USING FARM AND GARDEN (REFERENCED BELOW AS "THE PRODUCT" OR "THE SOFTWARE"). JIM TANNER IS WILLING TO LICENSE THE PRODUCT TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE PRODUCT (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND JIM TANNER AND APPLIES TO BOTH EVALUATION AND FULLY FUNCTIONAL COPIES OF THE SOFTWARE. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE "YES, I ACCEPT..." BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE PRODUCT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "NO, I DO NOT ACCEPT..." BUTTON OR OTHERWISE INDICATE REFUSAL, AND MAKE NO FURTHER USE OF THE PRODUCT.
The software and documentation that accompanies this license (collectively the "Software") is the property of Jim Tanner, and is protected by copyright law. While Jim Tanner continues to own the Product, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Jim Tanner may furnish to You. Except as may be modified by Jim Tanner, Your rights and obligations with respect to the use of this Software are as follows:
* You may:
A. install the Software onto the hard disk of Your computer and retain the original for archival purposes;
B. distribute copies of the Software only if it is designated as an Evaluation Copy;
C. after written notice to Jim Tanner, transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this license; and
D. use the Software in accordance with any additional permitted uses set forth below.
* You may not:
A. sublicense, rent, lend, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
B. use the Software as part of a timesharing, service provider, or service bureau arrangement;
C. use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
D. use a later version of the Software than is provided herewith unless You have purchased or have otherwise separately acquired the right to use such later version;
E. use, if You received the software distributed on media containing multiple Jim Tanner products, any Jim Tanner product on the media for which You have not received a permission in a License Module;
F. use the Software to develop a software application that is in direct competition to Farm And Garden or that provides no significant value;
G. use the Software in any manner not authorized by this license; or
H. use the Software in any manner that contradicts any additional restrictions set forth below.
2. Content Updates:
Certain Software utilize content that is updated from time to time (including but not limited to the following Software: antivirus software utilize updated virus definitions; content filtering software utilize updated URL lists; some firewall software utilize updated firewall rules; and vulnerability assessment products utilize updated vulnerability data; these updates are collectively referred to as "Content Updates"). You shall have the right to obtain Content Updates for any period for which You have purchased maintenance, except for those Content Updates that Jim Tanner elects to make available by separate paid subscription, or for any period for which You have otherwise separately acquired the right to obtain Content Updates. Jim Tanner reserves the right to designate specified Content Updates as requiring purchase of a separate subscription at any time and without notice to You; provided, however, that if You purchase maintenance hereunder that includes particular Content Updates on the date of purchase, You will not have to pay an additional fee to continue receiving such Content Updates through the term of such maintenance even if Jim Tanner designates such Content Updates as requiring separate purchase. This License does not otherwise permit the Licensee to obtain and use Content Updates.
3. Product Installation:
There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Jim Tanner may use these measures to protect Jim Tanner against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a machine to not more than a finite number of times for a finite number of machines.
4. Limited Warranty:
Jim Tanner warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Jim Tanner will replace any defective media returned to Jim Tanner within the warranty period. Jim Tanner does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
* TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
5. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL JIM TANNER BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF JIM TANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL JIM TANNER'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
6. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Jim Tanner products and documentation are commercial in nature. The software and software documentation are "Commercial Items," as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Jim Tanner's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement.
7. Export Regulation:
The Software and its related documentation, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies, or the export and import laws of the jurisdiction in which the Software was obtained. Export to any individual, entity, or country specifically designated by applicable law is strictly prohibited.
The Product is protected by copyright and other intellectual property laws and treaties. Jim Tanner owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
This agreement will be governed by the laws of the State of Mississippi, United States of America. This Agreement and any related License Module is the entire agreement between You and Jim Tanner relating to the Software and:
1. supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and
2. prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. This Agreement may only be modified by a License Module that accompanies this license or by a written document that has been signed by both You and Jim Tanner.