Easy Thumbnails 3.0

EASY THUMBNAILS END USER LICENSE AGREEMENT (Version: January 2008)

This End User License Agreement (this "Agreement"), governs the

terms and conditions of the Licensee's access and use of Easy

Thumbnails software ("Easy Thumbnails"), and is made between the

Licensee ("you") and Fookes Software, La Petite Fin 27, 1637

Charmey, Switzerland ("Fookes Software"). However, if you are

EASY THUMBNAILS END USER LICENSE AGREEMENT (Version: January 2008)

This End User License Agreement (this "Agreement"), governs the

terms and conditions of the Licensee's access and use of Easy

Thumbnails software ("Easy Thumbnails"), and is made between the

Licensee ("you") and Fookes Software, La Petite Fin 27, 1637

Charmey, Switzerland ("Fookes Software"). However, if you are

using Easy Thumbnails as or on behalf of an entity, such as a

corporation, partnership, limited liability company or other

entity, the term "you" used below refers to the entity which will

be bound by this Agreement. You represent and warrant that you

have power and authority to enter into this Agreement on behalf of

the entity. This Agreement does not address any third-party or

free or open source software separately licensed to you.

By clicking the "I accept the Agreement" option during

installation and/or using Easy Thumbnails, you confirm your

acceptance of, and agree to be bound by, this Agreement. If you do

not agree to this Agreement or if you do not understand it, do not

install or use Easy Thumbnails.

In case you have another written agreement directly with Fookes

Software, such written agreement prevails in the event of any

conflict with the terms and conditions of this Agreement.

1. Definitions

"Software" means the version of Easy Thumbnails in executable form

and documentation.

"GUI" means the graphical (rather than purely textual) user

interface that a software program provides to enable end user

interaction with its settings and features. Typical GUI elements

include buttons, combo boxes, check boxes, input controls, and

sliders.

"Use" means loading, installing, executing, displaying, performing

and/or transmitting the Software for your internal business

purposes, and not for distribution or resale.

"Organization" means an entity such as a company, agency,

institution, school, or any other organization.

2. Software License Grants

2.1. License Grant

Fookes Software grants you a license to Use the Software in GUI

mode without charge on any number of desktop/laptop computers,

including in a business environment, as long as the terms of this

Agreement are respected. However, you are required to purchase a

license if you want to run the Software from an Organization

network server, offer the Software to third parties on an

application service provider, web service or time sharing basis,

use the Software as a process for another application, and/or

bundle the Software with another product. Please contact Fookes

Software for pricing details if you need to purchase a license.

2.2 License Restrictions

The Software is licensed, not given or sold. This Agreement only

gives you certain limited rights (sections 2.1 and 11). Fookes

Software reserves all other rights. Especially you may not: (a)

modify, adapt, translate, rent, lease or sublicense the Software

except to the extent explicitly permitted in this Agreement; (b)

disable or block any licensing, rights management or control

features of the Software except as an intended part of the

Software's programming features; (c) assign, loan, or resell the

Software; (d) modify, decompile, disassemble or reverse engineer

the Software; (e) remove or modify any legal notices in the

Software.

3. Technical Support

Use of Easy Thumbnails does not entitle you to technical support

from Fookes Software. You therefore accept that Fookes Software

has no obligation to provide any form of technical support to you.

4. Ownership

The Software is proprietary to Fookes Software. The Software is

licensed, not given or sold, to you notwithstanding any reference

herein to "purchases." You acknowledge and agree that: (a) the

Software is protected under U.S. copyright and other national and

international copyright laws; (b) Fookes Software and its

licensors retain all copyrights and other intellectual property

rights in the Software; (c) there are no implied licenses under

this License, and any rights not expressly granted to you

hereunder are reserved by Fookes Software; (d) you acquire no

ownership or other interest (other than your license rights) in or

to the Software; and (e) Fookes Software owns all copies of the

Software, however made. You agree that you will not, at any time,

contest anywhere in the world Fookes Software's ownership of or

rights in the Software. You have no rights hereunder to use any

trademark or service mark belonging to Fookes Software.

5. Bundling

In no case may the Software be bundled with a hardware or software

product without written permission from Fookes Software.

6. Distribution License

Provided that you are distributing the then-current version of

Easy Thumbnails, you are hereby licensed to make as many copies of

Easy Thumbnails as you wish; give exact copies of the original

Easy Thumbnails package to anyone; and distribute Easy Thumbnails

in its unmodified form via electronic means (Internet, BBS's,

software distribution libraries, CD-ROMs, DVDs, etc.). You may

charge a small distribution fee for Easy Thumbnails, but you must

not represent in any way that you are selling the software itself.

You may not make Easy Thumbnails available on any site, CD-ROM,

DVD, or with any package, or with any other medium or service,

which makes available or contains viruses, virus source code,

virus construction programs, virus creation material, software

cracks, spyware, malware or other malicious code or material.

Permission to distribute Easy Thumbnails is not transferable,

assignable, saleable, or franchisable, and any attempt to do so is

void. Each entity wishing to distribute Easy Thumbnails must

independently satisfy the terms of the foregoing distribution

license.

7. Compliance

You shall conduct your business in compliance with all laws and

regulations in any way applicable to the Software or to the

performance of your obligations under this Agreement. Without

limiting the generality of the foregoing, you shall not take any

action that would violate, or cause Fookes Software to be in

violation of, any applicable law of the United States or any other

jurisdiction including but not limited to the U.S. Foreign Corrupt

Practices Act and all import and export laws, regulations and

restrictions of the United States or any foreign agency or

authority.

8. U.S. Government Rights

This is a notice to U.S. Government End Users:

The Software and the documentation which accompanies the Software

are "Commercial Items," as that term is defined at 48 C.F.R.

section 2.101, consisting of "Commercial Computer Software" and

"Commercial Computer Software Documentation," as such terms are

used in 48 C.F.R. section 12.212 or 48 C.F.R. section 227.7202, as applicable.

Consistent with 48 C.F.R. section 12.212 or 48 C.F.R. sections 227.7202-1

through 227.7202-4, as applicable, the Commercial Computer

Software and Commercial Computer Software Documentation are being

licensed to U.S. Government end users (a) only as Commercial Items

and (b) with only those rights as are granted to all other end

users pursuant to the terms and conditions herein. Fookes

Software, La Petite Fin 27, 1637 Charmey, Switzerland.

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. FOOKES SOFTWARE

DISCLAIMS as far as legally permissible ALL WARRANTIES RELATING TO

THE SOFTWARE, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING

BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY

OR NON-INFRINGEMENT . FOOKES SOFTWARE DOES NOT WARRANT THAT THE

SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE

OR ERROR-FREE. NEITHER FOOKES SOFTWARE NOR ANYONE ELSE WHO HAS

BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE

SOFTWARE ("SUPPLIERS") SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT,

CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT

LIMITED TO LOST REVENUES, PROFITS AND/OR SAVINGS) ARISING OUT OF

THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF FOOKES SOFTWARE

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE

PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND

PERFORMANCE OF THE SOFTWARE.

THE ENTIRE LIABILITY OF FOOKES SOFTWARE AND ITS SUPPLIERS, AND

YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SOFTWARE OR

ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY

PAID BY YOU, IF ANY, FOR USE OF THE SOFTWARE. YOU HEREBY RELEASE

FOOKES SOFTWARE AND SUCH OTHER PERSONS FROM ANY AND ALL

OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR

RELATED TO USE OF THE SOFTWARE OR THIS AGREEMENT MUST BE FILED

WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR

BE FOREVER BARRED.

YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH

OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY

RELEASE US AND OUR SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO

THE LOSS OF ANY SUCH DATA OR FILES.

FOOKES SOFTWARE IS NOT LIABLE FOR ANY INAPPROPRIATE OR ILLEGAL USE

OF THE SOFTWARE.

10. Governing Law / Jurisdiction

This Agreement is as far as legally permissible governed by Swiss

Law, subject to the express exclusion of the Vienna Sales

Convention (United Nations Convention on Contracts for the

International Sale of Goods, CISG, 1980.) Exclusive place of

jurisdiction shall be the court at the registered office of Fookes

Software.

11. Termination

Fookes Software may terminate this Agreement at any time upon

default by you of the license provisions of this Agreement, or any

other material default by you of this Agreement not cured within

thirty (30) days after written notice thereof. Except for Sections

2 and 6, all provisions of this Agreement shall survive

termination of this Agreement.

12. Severability Clause

If any provision of this Agreement is or becomes ineffective or if

there is an omission from this Agreement, this does not affect the

legal validity of the remaining provisions. The ineffective

provision will be replaced by an effective provision that is as

close as possible in economic terms to the provision wanted by the

parties. The same procedure applies in the case of an omission.

13. General

You shall not assign, delegate or sublicense any of your rights or

obligations under this Agreement, by operation of law or

otherwise, without prior written consent of Fookes Software, and

any attempt without such consent shall be void. Subject to the

preceding sentence, this Agreement binds and benefits the

permitted successors and assigns of the parties. Fookes Software

may change the terms, conditions and pricing relating to the

future licensing of its Software and other intellectual property

rights, including this Agreement, from time to time. No waiver

will be implied from conduct or failure to enforce rights nor

effective unless in a writing signed on behalf of the party

against whom the waiver is asserted.

There are no third-party beneficiaries to this Agreement. Fookes

Software is not bound by additional and/or conflicting provisions

in any purchase order or other correspondence unless expressly

agreed in writing. This Agreement is the complete and exclusive

statement of agreement between the parties as to its subject

matter and supersedes all proposals or prior agreements, verbal or

written, advertising, representations or communications concerning

the Software.

Last updated: 30 January 2008

KyleB. 2006-11-18 15:18:51

I love this program, Life Saver.

When I tried out this program, I was glad that this program didnt crash when I gave it a heavy load to make some thumbnails. Over 1500 pictures modified at a reasonable time.
Love the program, keep up the good work.

DermotB 2007-02-16 08:15:38

Thank You

Thank you for this piece of software I have been looking for ages for a handy way to thumbnail all my pictures in bulk (using software that does not fall over under pressure) and I have used your software to do this I did 5000 pictures in about 30 mins that includes install. I am very impressed and i have already recommended it to my friends