”You” and ”Your” means you individually if you acquire the Software for yourself, or the company or other legal entity for which you acquire the Software (but not the affiliates, subsidiaries, or other related legal entities of such company or legal entity). ”Software” means (A) all of the computer programs and other information with which this Agreement is provided, including but not limited to: (i) all software files and other computer information (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Ajar Productions software and not obtained from Ajar Productions through a separate service (unless otherwise noted within that service) or from another party through a separate service (”Content Files”) and (iii) related explanatory written materials and files (”User Documentation” or ”Documentation”) and (B) any and all modified versions and copies of, upgrades, updates, and additions to such computer programs and other information, provided to You by Ajar Productions at any time, to the extent not provided under separate terms.
”Plug-in Product” means a version of the Software that serves as an extension, add-on, or plug-in to another application (e.g., Ajar Productions SmartMouth™ extension for Adobe® Flash® Professional software).
”Parent Software” means the application in which a Plug-in Product is used. ”Computer” means a single physical electronic device with one or more central processing units that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
”Commencement Date” means the date upon which Ajar Productions processes Your payment of the License or Maintenance Fees. AJAR PRODUCTIONS PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AJAR PRODUCTIONS OWNS ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. NOTE THAT YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH AJAR PRODUCTIONS (E.G., A VOLUME LICENSE AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT. IF YOU VIOLATE OR PERMIT A VIOLATION OF THIS AGREEMENT, OR IF YOU FAIL TO REPORT A VIOLATION, THEN YOUR LICENSE WILL EXPIRE IMMEDIATELY AND YOU COULD BE SUBJECT TO LIABILITY FOR BOTH THE VIOLATION OF INTELLECTUAL PROPERTY LAWS AND BREACH OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE OR PERMIT THE USE OF THIS SOFTWARE. BY CLICKING ”ACCEPT”, YOU AGREE THAT YOU HAVE THE AUTHORITY TO ENTER INTO A LEGAL AGREEMENT, AND TO THE FOLLOWING: A NON-REFUNDABLE LICENSE FEE (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT), PAYABLE NOW AND TO BE BOUND TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY (E.G., AN EMPLOYER) WHO OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENTERED INTO BETWEEN AJAR PRODUCTIONS OF MARIN COUNTY, CALIFORNIA (”AJAR PRODUCTIONS”) AND YOU. NOTICE TO USER: PLEASE READ THIS END USER LICENSE AGREEMENT (”AGREEMENT”) CAREFULLY.