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This is an agreement between You and "Topple Software Company", Inc. or its affiliates (“Topple Software") and governs your Use of its Software. “You” and “Your” means the individual or legal entity licensing the Software under this EULA. “Use” or “Using” means to download, install, activate, access or otherwise use the Software. “Software” means the ''Topple Software'' computer programs and any Upgrades made available to You by an Approved Source and licensed to You by 'Topple Software'. “Documentation” is the 'Topple Software' user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source. “Approved Source” means (i) 'Topple Software' or (ii) the 'Topple Software' authorized reseller, distributor or systems integrator from whom you acquired the Software. “Entitlement” means the license detail; including license metric, duration, and quantity provided in a 'product ID' published on 'Topple Software'’s price list, claim certificate or right to use notification. “Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof.
- Acceptance of Terms
- License
- Ownership
- Limitations and Restrictions
- Third Party Use of Software
- Limited Warranty and Disclaimer
- Limitations and Exclusions of Liability
- Upgrades and Additional Copies of Software
- Term and Termination
- Transferability
- Indian Copyright Act for End Users
- Export
- Survival
- Interoperability
- Governing Law, Jurisdiction and Venue
- Integration
This agreement, any supplemental license terms and any specific product terms at www.topplesoftware.org/software_terms.html (collectively, the “EULA”) govern Your Use of the Software.
1. Acceptance of Terms
By Using the Software, You agree to be bound by the terms of the EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to the terms of the EULA, neither you nor the entity may Use the Software and it may be returned to the Approved Source for a refund within thirty (30) days of the date you acquired the Software or 'Topple Software' product. Your right to return and refund applies only if you are the original end user licensee of the Software.
2. License
Subject to payment of the applicable fees and compliance with this EULA, 'Topple Software' grants You a limited, non-exclusive and non-transferable license to Use object code versions of the Software and the Documentation solely for Your internal operations and in accordance with the Entitlement and the Documentation. 'Topple Software' licenses You the right to Use only the Software You acquire from an Approved Source. Unless contrary to applicable law, You are not licensed to Use the Software on secondhand or refurbished 'Topple Software' products not authorized by 'Topple Software', or on 'Topple Software' products not purchased through an Approved Source. In the event that 'Topple Software' requires You to register as an end user, Your license is valid only if the registration is complete and accurate.If the Software is licensed for a specified term, Your license is valid solely for the applicable term in the Entitlement. Your right to Use the Software begins on the date the Software is made available for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with this Agreement.
3. Evaluation License
If You license the Software or receive 'Topple Software' product(s) for evaluation purposes or other limited, temporary use as authorized by 'Topple Software' (“Evaluation Product”), Your Use of the Evaluation Product is only permitted for the period limited by the license key or otherwise stated by 'Topple Software' in writing. If no evaluation period is identified by the license key or in writing, then the evaluation license is valid for thirty (30) days from the date the 'Topple Software' product is made available to You. The Evaluation Product is licensed “AS-IS” without support or warranty of any kind, expressed or implied. 'Topple Software' does not assume any liability arising from any use of the Evaluation Product. You may publish any results of benchmark tests run on the Evaluation Product without first obtaining written approval from 'Topple Software'. You authorize 'Topple Software' to use any feedback or ideas You provide 'Topple Software' in connection with Your Use of the Evaluation Product.
4. Ownership
'Topple Software' or its licensors retain ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied to the end user.
5. Limitations and Restrictions
You will not and will not allow a third party to:
a. transfer, sublicense, or assign Your rights under this license to any other person or entity (except as expressly provided in Section 12 below), unless expressly authorized by 'Topple Software' in writing; b. modify, adapt or create derivative works of the Software or Documentation; c. reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software, except as provided in Section 16 below; d. make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by 'Topple Software' in writing; e. Use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by 'Topple Software' in writing; f. remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software;
6. Third Party Use of Software.
You may permit a third party to Use the Software licensed to You under this EULA if such Use is solely (i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party.
7. Limited Warranty and Disclaimer
a. Limited Warranty
'Topple Software' warrants that the Software will substantially conform to the applicable Documentation for the no longer of (i) thirty (90) days following the date the Software is made available to You for your Use or (ii) as otherwise set forth at http://www.topplesoftware.org/warranty. This warranty does not apply if the Software or other 'Topple Software' products upon which the Software is authorized to be used (i) has been altered, except by 'Topple Software' or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by 'Topple Software', (iii) has been subjected to abnormal physical or abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. 'Topple Software' will use commercially reasonable efforts to deliver to You Software free from any viruses or programs designed to modify, delete, damage or disable the Software or Your data.
b. Exclusive Remedy
At 'Topple Software's option and expense, 'Topple Software' shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the warranty period. The Approved Source may ask You to return the Software, the 'Topple Software' product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.
c. Disclaimer
Except as expressly set forth above, 'Topple Software' and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. 'Topple Software' does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, 'Topple Software' does not warrant that the Software or any of its products, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
8. Limitations and Exclusions of Liability.
In no event will 'Topple Software' or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of 'Topple Software', its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
9. Upgrades and Additional Copies of Software
Notwithstanding any other provision of this EULA, You are not permitted to Use Upgrades unless You, at the time of acquiring such Upgrade:
a. already hold a valid license to the original version of the Software, are in compliance with such license, and have paid the applicable fee for the Upgrade; and
b. limit Your Use of Upgrades or copies to Use on devices You own or lease; and
c. unless otherwise provided in the Documentation, make and Use additional copies solely for backup purposes, where backup is limited to archiving for restoration purposes.
10. Term and Termination
This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term. You may terminate the EULA at any time by ceasing use of or destroying all copies of Software. This EULA will immediately terminate if You breach its terms, or if You fail to pay any portion of the applicable license fees and You fail to cure that payment breach within thirty (30) days of notice. Upon termination of this EULA, You shall destroy all copies of Software in Your possession or control.
11. Transferability
You may only transfer or assign these license rights to another person or entity in compliance with the current 'Topple Software' Relicensing/Transfer Policy. Any attempted transfer or, assignment not in compliance with the foregoing shall be void and of no effect.
12. US Government End Users
The Software and Documentation are "commercial items," as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal Acquisition Regulation Supplement (“DFAR”) 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this EULA may be incorporated, Government end users will acquire the Software and Documentation with only those rights set forth in this EULA. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.
13. Export
'Topple Software' Software, products, technology and services are subject to local and extraterritorial export control laws and regulations. You and 'Topple Software' each will comply with such laws and regulations governing use, export, re-export, and transfer of Software, products and technology and will obtain all required local and extraterritorial authorizations, permits or licenses. Specific export information may be found at: http://www.topplesoftware.org/legal_document.html
14. Survival
Sections 4, 5, the warranty limitation in 7(a), 7(b) 7(c), 8, 10, 11, 13, 14, 15, and 16 shall survive termination or expiration of this EULA.
15. Interoperability
To the extent required by applicable law, 'Topple Software' shall provide You with the interface information needed to achieve interoperability between the Software and another independently created program. 'Topple Software' will provide this interface information at Your written request after you pay 'Topple Software' licensing fees (if any). You will keep this information in strict confidence and strictly follow any applicable terms and conditions upon which 'Topple Software' makes such information available.
16. Governing Law, Jurisdiction and Venue
If You acquired the Software in a country or territory listed below, as determined by reference to the address on the purchase order the Approved Source accepted or, in the case of an Evaluation Product, the address where Product is shipped, this table identifies the law that governs the EULA (notwithstanding any conflict of laws provision) and the specific courts or arbitrators that have exclusive jurisdiction over any claim arising under this EULA.
17. Integration If any portion of this EULA is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. Except as expressly stated or as expressly amended in a signed agreement, the EULA constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. The parties agree that the English version of the EULA will govern in the event of a conflict between it and any version translated into another language.
'Topple Software' and the 'Topple Software' logo are trademarks or registered trademarks of 'Topple Software' and/or its affiliates in the India and other countries. To view a list of 'Topple Software' trademarks, go to this http://www.topplesoftware.org/trademarks.html. Third-party trademarks mentioned are the property of their respective owners. The use of the word third-party does not imply a partnership relationship between 'Topple Software' and any other company.
Contact Information
Topple Software Company
C/O Sanjay Mhatre,
Ward no.4,Mohan Pokhari,
opposite Atma Bikas School,
Buddha Nilkanha,
Kathmandu,Nepal.
Phone No : 977-1-6550098
Fax : 977-1-6550098
Email : lobster@topplesoftware.org
Website : www.topplesoftware.org
Topple Software Company
C/O Sanjay Mhatre,
Labh Krupa,Bungalow no-1,
Santoshi Mata Road,Navagoan,
Dahisar[w],Mumbai-400068,
India.
Phone No : 91-7710872106
Email : lobster@topplesoftware.co.in
Website : www.topplesoftware.co.in
Lobster application is not a freeware and therefore the user will have to pay for usage of the Lobster application. Lobster application is a very powerful image editor and some of the features of the Lobster application are not even present in the other image editors of the world. So, the user will have to pay $73 for every copy of the Lobster application. A small favour from a computer magazine or search engine would do wonders to the popularity and sales of Lobster application.
Even though, Lobster is a world class image editor but still it will require some reponse, help and advice from the users to make a Lobster application even better image editor. Who knows may be even the best image editor in the whole world ! User can report bugs in the Lobster application which might exist as every software even from 'Microsoft Corporation' have some bug in them. Developers can provide filters or features like 'Sort Algorithm' or 'Plugin' for improvement of Lobster application.'.
Site Map provides the links and descriptions of all the pages on www.topplesoftware.org site and user can prefer to jump to a certain link and document of their interest. All the links of this web site are sorted according to the topics like filters, wallpapers, pattern filtering, gradients, edit modes,etc. Sitemapas are also provided to search engines to upate the links of the website in the databases of the search engines to improve the search results on any topic in the dictionary.
Credits document provides the list of all the persons,softwares and web sites which contributed to the development of Lobster application and Topple Software web site.The list not only includes the all the persons but also softwares and web sites coz it seems everybody forgets to thanks those softwares which are sometimes are free because of being evaluation copy and web sites which are anyway free ! Thanks anyway to everybody contributed to Lobster application as well as Topple Software web site !
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Links document provides the links to the other graphic sites which the visitor can visit and benefit from.The Links document is further divided into two sections with one half providing links to the photo galleries which provide 1000's wallpapers thru their website and the other half of the document providing links to various vector graphics websites which provide some graphics to be used for creating web sites and similar graphic material.
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Users might want to contact 'Topple Software Company' for various reasons like advices, congratullate, complain about the bugs in the software or bad dvd quality of a registered version of the Lobster application. In those situations, we are providing the user with the contact information about our corporation which includes addressses, emails, fax numbers. Please try to report in concise and precise way about your problems and queries and we will try to reply for every call, email or fax.
This is an agreement between You and "Topple Software Company", Inc. or its affiliates (“Topple Software") and governs your Use of its Software. “You” and “Your” means the individual or legal entity licensing the Software under this EULA. “Use” or “Using” means to download, install, activate, access or otherwise use the Software. “Software” means the 'Topple Software' computer programs and any Upgrades made available to You by an Approved Source and licensed to You by 'Topple Software'.
Hardware Requirements :
Any 2.20 ghz Processor and above - Any Operating System which is 'Java Enabled' - Preferred Ram - 2 GB RAM and above - Minimum Resolution - 1366 x 768 pixels
Software Requirements
1st Instaaation - Java 1.8 update 65 or above
2nd installation - Lobster Version 1.0
What is 'Topple Software' and what kind of software is 'Lobster Version 1.0' ?
Answer :- Topple Software is a software company eager to introduce world class graphic softwares which through its standard and innovative features intends to compete and even 'Topple' the world class graphic softwares. Through the sheer determination and hard work of our software developers, we intend to make our softwares popular no matter how much software copies it sells.
