Gamma Control 5
Copyright (c) 2018 DesktopNerds
Last updated: 9th of February 2018
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Gamma Control 5("Software") containing this software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by DesktopNerds your use of Gamma Control 5 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, DesktopNerds grants to you, a limited, non-exclusive, non-transferable license, without right to sub-license, to use Gamma Control 5 in accordance with this Agreement and any other written agreement with DesktopNerds. DesktopNerds does not transfer the title of Gamma Control 5 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between DesktopNerds and the purchasers or users of Gamma Control 5.
If you do not agree to be bound by this agreement, remove Gamma Control 5 from your computer now.
1.1 Scope of license
Should you for some reason require a refund, and it is granted, DesktopNerds reserves the right ot revoke the license and delete the account, given there is only 1 license on the account. Should there be more than one license, the account will persist, and only the license will be revoked.
2. DISTRIBUTION
Gamma Control 5 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of Gamma Control 5 contact DesktopNerds.
3. USER AGREEMENT
3.1 Use
Your license to use Gamma Control 5 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Gamma Control 5.
3.2 Use Restrictions
You shall use Gamma Control 5 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Gamma Control 5 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Gamma Control 5 may be used on up to 3 (three) computers, owned by one user. Use of Gamma Control 5 means that you have loaded, installed, or run Gamma Control 5 on a computer or similar device. If you install Gamma Control 5 onto a multi-user platform, server or network, each and every individual user of Gamma Control 5 must be licensed separately, where each individual user will be granted 3 activations of Gamma Control 5.
Other users may not use your copy of Gamma Control 5. The assignment, sublicense, networking, sale, or distribution of copies of Gamma Control 5 are strictly forbidden without the prior written consent of DesktopNerds. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Gamma Control 5. If any person other than yourself uses Gamma Control 5 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Gamma Control 5. Nor can you create any derivative works or other works that are based upon or derived from Gamma Control 5 in whole or in part.
DesktopNerds's name, logo and graphics file that represents Gamma Control 5 shall not be used in any way to promote products developed with Gamma Control 5. DesktopNerds retains sole and exclusive ownership of all right, title and interest in and to Gamma Control 5 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Gamma Control 5, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for DesktopNerds.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend DesktopNerds, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of DesktopNerds's Software.
In no event (including, without limitation, in the event of negligence) will DesktopNerds , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Gamma Control 5 or the use or inability to use Gamma Control 5 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
DesktopNerds's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by DesktopNerds) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to DesktopNerds.
3.5 Warranties
Except as expressly stated in writing, DesktopNerds makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Denmark applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Denmark therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Gamma Control 5 and destroy all copies of Gamma Control 5 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Gamma Control 5 AS WELL.
5. CONSENT OF USE OF DATA
You agree that DesktopNerds may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Gamma Control 5. DesktopNerds may also use this information to provide notices to you which may be of use or interest to you.
6. PARTS OF THIS SOFTWARE ARE PROVIDED UNDER SEPARATE LICENSES
6.1 MouseKeyboardActivityMonitor.dll
New BSD License (BSD) (MouseKeyboardActivityMonitor.dll) Copyright (c) 2004-2011, Application and Global Mouse and Keyboard Hooks .Net Libary All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Application and Global Mouse and Keyboard Hooks .Net Libary nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Gamma Control Main Window
Gamma Control Options Window