VTrain (Vocabulary Trainer) 5.0

License Agreement for VTrain 5.0

(© 1997-2005 Paul Rädle. Last modified: 2005.08.01)

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Contents

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1. Subject of this Agreement

2. Educational licenses and other licenses

3. Registration procedure

4. Registration fee

License Agreement for VTrain 5.0

(© 1997-2005 Paul Rädle. Last modified: 2005.08.01)

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Contents

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1. Subject of this Agreement

2. Educational licenses and other licenses

3. Registration procedure

4. Registration fee

5. Payment methods

6. Scope of license

7. Warranty

8. Copyright and information for software distributors

9. Contact the authors

10. Legal stuff

Appendix: Files belonging in the installation file

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1. Subject of this Agreement

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This is a legally binding Agreement between you (''user'') and Paul Rädle (''authors'', ''we'') regarding VTrain 5.0 (''VTrain'', ''program'', ''software'').

The term ''documentation'' comprises the Help file, any text that may be displayed on the program interface, and all other documents included in the installation file.

The subject of this Agreement is a non-exclusive, personal, non-transferable license of private, non-commercial use of VTrain. Neither the rights to the program or the accompanying material, nor the VTrain website, nor the files you can download from there are included in the subject of this license Agreement. All rights not expressly granted are reserved.

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2. Educational licenses and other licenses

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This Agreement pertains private use of the program only. Commercial or non-commercial use of the program by schools, administrations, associations, societies, political parties, trade unions, companies, and any other legal entities, is expressly forbidden without the prior written permission of the authors.

On the other hand, we are currently granting free site licenses to educational establishments. For more information, see the Educational licenses section of the VTrain Help file or on our website.

If you wish to use VTrain within other institutions or corporations, please contact the authors.

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3. Registration procedure

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VTrain is SHAREWARE. This means that you can download a ''trial version'' from the Internet which is identical to the full version of the program (i.e. it is not just a ''DEMO''), except for the fact that you may use it during a trial period only.

SHAREWARE programs are far more convenient for the user than 'in a box' retail products:

- You can try before you buy.

- You get a hot wire to the authors - this partnership makes

constant improvement possible and makes it more likely

that the software will fit your needs.

- Upgrades are available online.

This is why VTrain offers much more than a money-back guarantee -- if you don't use it, you don't have to pay a penny.

But the SHAREWARE concept is based on trust. In exchange, you are expected to be fair as well: if you want to continue using this program, you have to ''register'' as a user, i.e. to purchase a Registration Key.

After you register the program, you will be sent your personal Registration Key. With this Key you can convert the trial version into a full version and use the program for unlimited time.

In case you do not register the program within the trial period, you have to delete VTrain from your computer.

You can register from www.vtrain.net.

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4. Registration fee

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VTrain is valued at 19 US$ or 19 Euros -- whatever is more favorable for you* :-)

* For technical reasons, the currency may be predetermined for some payment methods.

Registration entitles you to at least 2 years of free ugprades!

If you registered a previous version, you can get the upgrade to this version for free.

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5. Payment methods

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The following payment methods are usually available:

( 1 ) By credit card (online, by phone or by fax)

( 2 ) By wire transfer

( 3 ) By check or cash

( 4 ) By cash on delivery (COD)

Please check our website to obtain updated information and for special offers.

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6. Scope of license

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A registered copy may be shared by several people on the same computer, but it may not be installed with the same Registration Key on two different computers at any one time.

In any case, the registered user binds theirself not to reveal their Key to others and to prevent access to it by all means. No Registration Keys may be distributed. In particular, it is prohibited to store Registration Keys on drives that are accessible over a network.

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7. Warranty

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Of course, our goal is to write faultless software, but... nobody is perfect. To the maximum extent permitted by applicable law, it is agreed that:

VTrain is provided ''as is'' and with all faults. The user specifically relinquishes any warranty, be it express, implied, or legal, including any warranty of fitness for a particular purpose and of technical support.

Use of VTrain is at your own risk. The authors expressly decline any obligation to pay indirect, incidental, or consequential damages arising out of the use of or the inability to use this program or of the accompanying information, even if he has been advised of the possibility of such a damage. The authors' maximum liability shall be to refund of the purchase price that was actually paid.

Moreover, the authors shall not be liable for the behavior of cracked copies of the software, in particular for any data loss. The user expressly acknowledges the authors' right to incorporate all kinds of protection measures into the software that would make illegal copies behave in unexpected ways.

Cancelation rights and refunds:

In case your registration key was sent to you by e-mail, we shall regard your registration key as unsealed (as understood by § 312d BGB German Civil Code) from that very moment. In this case, no refund is possible.

In case your registration key was sent to you by conventional mail and you have not unsealed the container, you can still cancel your order within 14 calendar days beginning the day of receipt. To exert that right, send written notice without explanation to the authors along with the container with the seal unbroken, for a refund of the purchase price.

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8. Copyright and information for software distributors

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Use of the program unless pursuant to the terms of this License Agreement, and more specifically use of a non-registered copy of this program beyond the trial period is a criminal offense and carries severe financial penalties including, but not limited to, fines of up to $50,000 per violation.

Paul Rädle is the sole owner of the program and the sole holder of the copyright to the program, including without limitation such aspects as its source code, structure, sequence, and ''look and feel''.

No part of the VTrain project is related in any way to any company. The project has been developed by Paul Rädle whilst acting outside his capacity as an employee.

In all contexts, the word ''we'' refers to the free cooperation of individuals, and does not imply the existence of a for-profit company.

All rights over the contents of the installation file of VTrain, over the website of VTrain, and over the files that can be downloaded from it are reserved.

Exact copies of the installation file of this software may be distributed by any means by anyone, provided that:

- No costs other than distribution costs shall be charged to

the recipient.

- This software shall not be bundled or sold along with any

other software.

- This software shall be identified clearly as shareware along

with an accurate definition of ''shareware''.

- The distributor shall not publish or transfer any mechanism

that makes it possible to use the program beyond the trial

period, without the prior written permission of the authors.

We reserve the right to take back this permission at any time if the distributor failed to comply with any of these terms.

It is expressly prohibited to distribute this software with files or text files modified, added, or omitted. Decompilation and reverse engineering of any other kind, as well as creating derivative works based upon this program are expressly prohibited. Lending and hiring of this program are also prohibited.

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9. Contact the authors

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Please understand that we speak English and German only! Unfortunately, we cannot reply to messages written in other languages.

You will find the updated contact information on our website:

http://www.vtrain.net

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10. Legal stuff

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--- General

By installing, trying, or using this software, you agree to be bound by all terms of this License Agreement. If you do not agree to any of these terms, you must remove the program from your computer immediately.

Without prejudice to any other rights, the authors may terminate this License Agreement if the user fails to abide by any of the terms and conditions of this Agreement. In such an event, the user is obligued to destroy all copies of the program in their power.

Licenses of use will be granted at the sole discretion of the authors. The authors reserve the right to discontinue licensing this version of this software at any time. The availability of any of the registration methods may be subject to changes.

Information about the specifications of future versions of this software is provided for informational purposes only and is not legally binding.

This Agreement merges and supersedes all prior understandings or Agreements.

--- Jurisdiction

This Agreement shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in Frankfurt am Main (Germany), and you consent to such jurisdiction and venue.

Distance selling of licenses for this software is regulated by the German Civil Code (BGB) and the 97/7/EEC Directive of the Council of the European Union.

Without prejudice to the latter, this program is protected by international treaties, by the Copyright Act, by the Digital Millenium Copyright Act, by 17 United States Code, sections 101 through 810, and by the legislation of other countries, including the national laws enforcing the 91/250/EEC Directive of the Council of the European Union on software copyright.

--- Third parties

None of the corporations or organizations or individuals mentioned in the documentation sanctions, sponsors, or approves VTrain, the accompanying files, or the VTrain website.

Third-party products and web links are mentioned in the documentation as a convenience and for informational purposes only, and they should not be construed as an endorsement or an approval by the authors of VTrain of any of the products, services, or opinions of the respective corporation or organization or individual. Specifically,

- Use any third-party product at your own risk.

- The authors of VTrain take no responsibility for the content

of third-party Internet sites. The responsibility for third-

party sites lies exclusively with their editors.

On the other hand, nothing should be inferred from the pr?sence or absence of a product or a website in a listing.

--- Trademarks

The use of general descriptive names, trade names, trademarks, etc., in the documentation, even if the former are not identified specifically, is not to be taken as a sign that such names may accordingly be used freely by anyone, nor that such a use is endorsed by the authors of VTrain.

--- Political correctness

We have tried to use non-discriminating language wherever possible. Thus, you will sometimes find expressions such as ''(s)he'' for he/she, ''their'' as an alternate for her/his, ''them'' for her/him, ''salesperson'' instead of ''salesman'', etc. :-)

--- Validity

This Agreement gives you specific legal rights. This does not affect your Statutory Rights, which vary from state to state, country to country.

Should any provisions of this Agreement be legally invalid or unenforceable, all other provisions shall remain in force.

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Appendix: Files belonging in the installation file

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Caution! Distributions other than the original distribution of this software are not safe!

They may contain viruses, spyware, and/or other elements able to harm your system and/or to compromise your privacy.

If you believe this copy has been tampered or altered in any way, please contact the authors immediately.

!readme.txt Description of the software

bad.wav Sound file (answer mismatch)

educator.txt Registration form for educational establishments

file_id.diz Description of the software for distributors (diz)

good.wav Sound file (answer is right)

known.wav Sound file (''I know the answer'')

len.dat Integrity check file

license.txt License Agreement

notknown.wav Sound file (''I give up'')

show.wav Sound file (''Tell me the answer'')

standard.key Default virtual keyboard

train.exe Executable

train.hlp Help file

vendor.txt Distribution policy

vtrain-en.xml Description of the software for distributors (PAD)

wolken3.bmp Default background image

In addition, the subfolder ''Data'' contains various sample files and Virtual Keyboard files for 100+ languages.