If you are not going to purchase a commercial license for Hot Potatoes, please consider making a donation to our favourite charity, LEPRA.
Hot Potatoes is NOT YET FREEWARE. On September 1, 2009 Hot Potatoes will become freeware.
Until September 1, 2009, Hot Potatoes is free for use by state-funded educational institutions which are non-profit making, or individuals working for them, on the condition that the material you produce using the program is freely available to anyone via the WWW.
All users are bound by the license agreement below.
This is a legal agreement (AGREEMENT) between you (either an individual or a single entity) ("Licensee") and Half-Baked Software Inc. ("Licensor") for the use of the HOT POTATOES software product, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, promptly destroy or return the unused SOFTWARE to the place from which you obtained it for a full refund.
Grant of Right. If you have purchased a license to the SOFTWARE, the Licensor grants you a non-exclusive right and license to use the SOFTWARE as set forth in this AGREEMENT.
Conditions of Grant
You may use the SOFTWARE on a single computer, or on more computers if you have purchased a multi-user license. You may also use the SOFTWARE on a second (portable or home) computer so long as only one copy is used at a time.
You may make a single copy of the SOFTWARE for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original.
You own the media on which the SOFTWARE is recorded, but not the SOFTWARE itself or any copy of it. This license is not a transfer of any title, interest or right in the SOFTWARE.
From time to time, the Licensor may make Updates available for an additional licensee fee. The Licensee also acknowledges that the Licensor is not obligated under this AGREEMENT to generally make any Updates available to the public. For the purposes of this AGREEMENT, an Update shall mean a generally available release of the SOFTWARE which is designated by the Licensor in its sole discretion as an increase in any digit of the SOFTWARE version number from that version number of the SOFTWARE originally licensed by the Licensee pursuant to this AGREEMENT.
The Licensee acknowledges that the Licensor may develop and market new or different computer programs which use portions of the SOFTWARE and which perform all or part of the functions performed by the SOFTWARE. Nothing contained in this AGREEMENT shall give the Licensee any rights with respect to such new or different computer programs.
All deliveries of Updates shall be F.O.B. Victoria, British Columbia. The Licensor shall have no responsibility under this AGREEMENT for the installation of any Updates.
No Copying, Transferring or Modifying SOFTWARE. The SOFTWARE contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the SOFTWARE unless each user has an applicable license. You may not permit other individuals to use the SOFTWARE except under the terms listed above. You may not decompile, disassemble, reverse-engineer or otherwise display the SOFTWARE in human-readable form. You may not modify, translate, rent, lease, distribute or lend the SOFTWARE, and you may not sell to others the right to use the SOFTWARE on your computer. You may not remove any proprietary notices or labels on the SOFTWARE. You may not copy, transfer, transmit, sublicense or assign this license or the SOFTWARE except as expressly permitted in this AGREEMENT. You agree that the terms of this paragraph apply to the SOFTWARE or any portion thereof owned by Licensor or their assigns.
Limitation of Liability. The Licensor disclaims any responsibility or liability whatsoever for the information supplied with this version of SOFTWARE. This information is supplied as a customer service only by the Licensor. By using this version, the Licensee assumes all liability and risk for use of this database and absolves the Licensor of any liability while using this software or database. In no event will the Licensee's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for this product.
Term. If you have purchased a license to the SOFTWARE, this AGREEMENT and license are effective from the time you accept the terms of this AGREEMENT until this AGREEMENT is terminated.
Termination. You may terminate this AGREEMENT at any time by destroying all copies of the SOFTWARE. This AGREEMENT will terminate immediately and without further notice if you fail to comply with any provision of this AGREEMENT. Upon termination, you agree to destroy all copies of the SOFTWARE.
Obligations Surviving Termination. All obligations of confidentiality and restrictions on use, and all other provisions relating to the ownership or use of the intellectual property contained herein survive termination of this AGREEMENT.
Limited Warranty. If you have purchased a license to the SOFTWARE, and if the SOFTWARE is delivered using a computer storage media such as a CD ROM or diskette, the Licensor warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for thirty (30) days from the date you received the SOFTWARE, as shown by your receipt. This warranty is limited to you and is not transferable. This warranty does not cover damage caused by improper use or neglect. The Licensor's entire liability and your exclusive remedy shall be, at the Licensor's option (i) to replace the defective media; (ii) to advise you how to achieve substantially the same functionality with the SOFTWARE; or (iii) to refund the license fee you paid for the SOFTWARE.
Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 10) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the SOFTWARE is with you. Should the SOFTWARE prove defective, you (and not Licensor or its distributors or dealers) assume the entire cost of all necessary servicing or repair.
The Licensor disclaims any representation or warranty that the functions contained in the SOFTWARE will meet your requirements or operate in the combination that you may select for use, that the operation of the SOFTWARE will be uninterrupted or error free, or that defects in the SOFTWARE will be corrected. No oral or written statement by the Licensor or by a representative of the Licensor shall create a warranty or increase the scope of this warranty.
THE LICENSOR DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the SOFTWARE as shown by your receipt.
SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE.
Breach. Due to the special character of the intellectual property expressed in the SOFTWARE, a breach of any obligations, specifically Sections 1,2,5 of this Agreement would be so injurious to the Licensor that monetary damages would not be an adequate remedy. In the event of a breach or a threatened breach of such terms of this Agreement by the Licensee, the Licensor shall, in addition to and not in substitution for any other remedy at any time available to it in respect of such breach or threatened breach, be entitled to injunctive relief that restrains you or any other person from committing or continuing such breach, without showing or providing any actual or threatened damage to the Licensor notwithstanding any rule of law or equity to the contrary. In the event of a breach or threatened breach, the Licensee shall return the SOFTWARE or warranted that the SOFTWARE has been destroyed.
No Assignment. This Agreement shall not be assignable or transferable by Licensee to a third party, in whole or in part, without the prior written consent of the Licensor. Any attempted assignment in violation of this provision shall constitute a breach of this Agreement and such assignment shall be void and of no force and effect.
Governing La. This AGREEMENT shall be interpreted under and governed by the laws of the Province of British Columbia, without regard to its rules governing the conflict of laws.
Severability. If any provision of this AGREEMENT is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this AGREEMENT shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
Entire AGREEMENT. This AGREEMENT is the complete agreement between the Licensor and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
If you have any questions concerning this AGREEMENT, you may contact Half-Baked Software Inc. (support@halfbakedsoftware.com).