The License Agreement

The License Agreement

Licensing Agreement, Terms, Conditions, and Policy Guidelines

This agreement explains when and how you may use both trial and purchased copies of software products from RFC Services and its authorized agents. Note: the terms "license", "registration code", and "key" are used interchangeably within this document.

In this agreement:

"Visual Hindsight" refers to Visual Hindsight Professional Edition, Visual Hindsight Home Edition, and Visual Hindsight Viewer Edition programs;

Program" means the RFC Services software product(s) you have purchased or obtained for evaluation, including software, associated documentation, and other materials;

"Trial Copy" means a copy of the Program distributed by us or by our authorized agents (dealer, reseller, or other agent), for evaluation purposes and which is described as a trial, shareware, or unregistered copy in the Program's sign-on messages or “About” dialog box;

"Purchased Copy" means a copy of the Program purchased from us or from an authorized agent (dealer, reseller, or other agent), and which is not described as a trial, shareware, or unregistered copy in the Program's sign-on messages or “About” dialog box (see the Purchasing and Upgrading Visual Hindsight page for details);

"Key" refers to the unique registration code that you receive when you purchase the Program;

"We" or "Us" means RFC Services;

"You" means the end user of the Program;

THIS IS A LEGAL AGREEMENT THAT ALLOWS YOU, THE END USER, TO USE THE PROGRAM UNDER CERTAIN TERMS AND CONDITIONS. IF YOU CANNOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR EVALUATE THE PROGRAM.

The Program is fully protected by copyright under Canadian and United States law, and international treaty provisions.

You may use a Trial Copy of the Program for evaluation only, in order to determine whether the program meets your requirements before purchasing it. While you are evaluating the Program, you may use it on as many computers as are required to perform your evaluation.

You may freely distribute copies of the original (Trial) version of the Program, in its original format, so long as you do not charge more than a nominal fee to cover the cost of materials. You may not change or repackage the original distribution file in any way.

When you purchase the Program, you will receive a unique registration code, or Key. You agree not to install or use any individual Key on more than one computer at a time. You may not publish or distribute this Key by any means without direct authorization from US. If you do, your license to use the Program is automatically terminated, you must remove the Program from your computer(s), and you may be liable for legal damages.

General Disclaimer: we do not guarantee the Program to be free of bugs or errors, but if you report an error or bug to us, we promise to do our best to correct it, while reserving the right to publish corrected versions according to our predetermined software release schedule.

Disclaimer for Trial Copies: the Trial Copy is provided "as-is" and without warranty of any kind.

Disclaimer for Purchased Copies: except as stated above, we disclaim any and all warranties, express or implied, oral or written, including any implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability: in no event shall we be liable for any incidental, consequential, or punitive damages whatsoever arising out of use of the Program or your relationship with US. In no case will we ever be liable for more than the price you paid for the Program. Note that certain provinces and states do not allow exclusion or limitation of liability for incidental or consequential damages—therefore, the above limitation may not apply to you.

Licensing Policy Guidelines

RFC Services is committed to eliminating unauthorized use of its software in a manner designed to have a minimal effect on licensed customers. Our priority to our customers is reflected in our licensing policy and methodology, which is geared toward maintaining customer privacy while simply and anonymously helping prevent unauthorized use of our software.

Visual Hindsight Product License Agreements typically grant the user of a Visual Hindsight product the right to use it in perpetuity. RFC Services plans to honour these agreements—in the unlikely event RFC Services should stop developing or otherwise selling Visual Hindsight, we will enable automatic approval of all activation requests or provide other technical means to allow our clients to continue using our products.

Licensing Methodology:

Visual Hindsight uses a licensing system commonly referred to as Hardware Locking to deter unauthorized use of the software. Hardware Locking is a methodology whereby a unique value (commonly referred to as a Computer ID) is bound to a purchased registration code. Visual Hindsight automatically generates a computer ID for each computer it is installed on.

With regards to hardware locking methodology, a computer consists of various hardware components, including the CPU, BIOS, computer name, hard drive serial number, hard drive geometry and size, network card MAC address, and size of physical memory. The computer ID is a mathematically computed one-way hash based on your computer's hardware components, and cannot be used to identify the make or model of your computer or its components.

In certain cases, changes to hardware components may render a license invalid. It is therefore highly recommended that a trial or extended trial period be used to ascertain the computer is fully equipped to run Visual Hindsight before applying a license. This will reduce the probability of a license becoming invalid due to hardware component upgrades or changes.

Legal License Use:

Current Visual Hindsight End-User License Agreements allow you to install and use software on a single computer. Specifically, each purchased license entitles you to install one (1) copy of Visual Hindsight on one (1) computer. Visual Hindsight does not support “server” installations—you must invoke Visual Hindsight from the computer it is installed on.

Upgrading or Replacing Your Computer:

Before making any changes to your hardware or operating system you should first uninstall your current license (when upgrading, you need to uninstall the license before changing your computer hardware).

To uninstall your license, run Visual Hindsight with the UNREGISTER command-line option (i.e. "vhp.exe UNREGISTER", without the quotes). Follow the instructions, and make note of the uninstall code. The uninstall code must be sent to RFC Services, who will use it to confirm the license has actually been removed. Thereafter, a new license will be issued based on the new computer ID you will supply.

After using the UNREGISTER command-line option, your current permanent license will become invalid, and Visual Hindsight will revert to the full-feature 21-day trial license.

Replacement License:

If it is not possible to uninstall your current license for verification, and you request a new license, RFC Services will charge a minimum fee (currently 25% of the retail cost of one license) for a replacement license. It is entirely up to the discretion of RFC Services to request the full purchase price of a license if abuse of this policy is perceived or suspected.

What Is Software Piracy?

Software piracy is copyright theft. Piracy occurs when an individual or entity offers bootlegs, CD-ROMs, application downloads, or serial numbers free, for money, or for barter; provides educational product without authorization or to non-qualifying individuals or entities; or installs or uses software without a properly authorized license or on more systems than it is licensed for.

What Are The Legal Risks For Software Piracy?

The legal risks include court-ordered damages for illegal use, the destruction of all illegal software, unlimited fines, and up to two years in prison for company directors found guilty of software piracy. For companies or individuals engaging in software piracy for profit, courts will award substantial fines and up to 10 year's imprisonment.

The Business Software Alliance:

The Business Software Alliance (BSA) was established in 1988 and has built a reputation as the leading voice of the software industry. It educates end users and governments on intellectual property and piracy issues. Additionally, BSA takes action against suspected software pirates on behalf of its members.

In 2000 alone, BSA took action against software pirates worldwide in almost 25,000 instances, and BSA was contacted over 120,000 times either to report software piracy or to inquire about license compliance. Queries and reports come to BSA through its members, its web sites worldwide, and primarily from its 65 hotlines around the world.

Adhering to the Visual Hindsight Licensing Policy Guidelines will ensure neither you or your company is reported to a BSA hotline.

End User Licensing Agreement (EULA)

YOU AGREE to release, indemnify, and hold RFC Services, its contractors, agents, employees, officers, directors, affiliates, successors, administrators, heirs, and assigns, harmless from all liabilities, claims and expenses (including legal fees) in any matter whatsoever related to installation and usage of Visual Hindsight.

RFC Services does not warrant that the operation of this software will meet your requirements or that the operation of the software will be uninterrupted, be error free, or that defects in software will be corrected. This software is provided "AS IS" without warranty of any kind. The entire risk as to the quality and performance of this software is with the purchaser. If this software proves defective or inadequate, the purchaser assumes the entire cost of servicing or repair. No oral or written information or advice given by a RFC Services representative shall create a warranty or in any way increase the scope of this warranty.

This software is provided "as is", without any guarantee made as to its suitability or fitness for any particular purpose. Should you choose to use this product, the author takes no responsibility for any damage that, whether direct or indirect, may result from its use or misuse.

You may not de-compile, reverse engineer, disassemble, or modify this software in any way. This software may not be sold, rented, leased or sublicensed without the express written consent of the author. You may not modify the software or create derivative works based upon the software.

Because this product is shareware, you are hereby licensed to use this software for evaluation purposes without charge for the advertised evaluation period. You may not use it past the evaluation period without first purchasing the registered version of the software. The registered version may be purchased from the Visual Hindsight home page at http://www.visualhindsight.com. Unregistered use of this product after the evaluation period is in violation of Canadian, United States and international copyright laws.

If you cannot accept these terms DO NOT use this product. By installing this software you hereby agree to the terms and conditions set forth above.

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