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EULA - End User License Agreement
END-USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") for the software you have acquired ("Software") is a legal agreement between you ("Licensee") (either an individual or a single entity) and Gammadyne Corporation ("Licensor"). By installing, copying, or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this Agreement, you are not permitted to use or copy the Software.
The Software is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Software is licensed, not sold. Your license confers no title or ownership in the Software. The Licensor owns the Software and has complete authority for licensing it to the Licensee.
1. GRANT OF LICENSE. This EULA grants the Licensee the right to use the Software on one or more computers. There is no charge for this, the Software is considered "Freeware". The Software may be used for personal or business use.
2. RESTRICTIONS. Licensee must maintain all copyright notices on all copies of the Software. Licensee may not disassemble, decompile, or otherwise reverse engineer the Software. Licensee may not sell, rent, lease, or lend the Software. The Software is licensed to Licensee as a single product. Its component parts may not be separated for use on more than one computer.
3. CREATED FILES. Any files created by the Software ("Created Files") are freely distributable and royalty-free.
4. COPYRIGHT. All title and copyrights in and to the Software and any copies thereof are owned by Licensor.
5. EXPORT RESTRICTIONS. Licensee agrees not to export or re-export the Software to any country, person, entity or end user subject to U.S.A. export restrictions. Licensee warrants and represents that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Licensee's export privileges. By installing the Software, Licensee agrees to the foregoing and Licensee is representing and warranting that they are not located in, under the control of, or a national or resident of any such country.
6. TERMINATION. Licensee's rights under this EULA terminate if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the Licensed Materials and Created Files.
Licensor reserves the right to terminate this EULA five (5) years after the Software is installed. Licensee may terminate this EULA at any time by ceasing use of the Software and destroying the Licensed Materials and Created Files, together with all copies and merged portions in any form. Either Party may terminate this EULA at any time upon written notice if the other Party: (i) is in material breach of its obligations hereunder and fails to cure such breach within thirty (30) days following written notice of such breach, (ii) becomes insolvent or ceases doing business; or (iii) files or has filed against it a petition under bankruptcy or insolvency law which remains undismissed after ninety (90) days, makes an assignment for the benefit of its creditors or takes any similar action under applicable bankruptcy or insolvency law.
Licensor reserves the right to terminate this EULA if the Licensee uninstalls the Software.
7. NO WARRANTY. Any use of the Software is at your own risk. To the maximum extent permitted by applicable law, Licensor and its suppliers, sponsors, and advertisers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
Intelligent caution dictates that any program be thoroughly tested with non-critical data before relying on it. The user assumes the entire risk of using the program. Any liability of the Licensor will be limited exclusively to product replacement or refund of purchase price.
The Software is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage or financial loss.
9. EQUITABLE REMEDIES. Licensee hereby agrees that Licensor would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore Licensee agrees that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
10. TRADE SECRETS; TITLE. Licensee acknowledges and agrees that the structure, design, and organization of the Software are the valuable trade secrets of Licensor. Licensee agrees to hold such trade secrets in confidence. Licensee further acknowledges and agrees that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by Licensor.
11. TRANSFER. Licensee may permanently transfer all of the rights under this EULA, provided the recipient agrees to the terms of this EULA and Licensee agrees to destroy the Software and any Created Files that are licensed to Licensee.
12. SEVERABILITY. In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
13. DISTRIBUTION. The Software is freely distributable so long as the following conditions are met:
1. Licensee may only distribute the original, unmodified installation program. However, Licensee is permitted to rename the file.
2. Licensee may not package the installer inside another installer or archive without written permission from Licensor.
3. Licensee must not represent that they own the software.
14. INDEMNIFICATION BY LICENSEE. If Licensee distributes the Software in violation of this Agreement, Licensee agrees to indemnify, hold harmless, and defend Licensor from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this EULA.
15. HEADINGS. The titles and headings of the sections of this EULA are provided as a convenience of reference. They do not modify or place any construction upon or on any of the provisions of this Agreement.
16. GOVERNING LAW. This EULA is governed by the laws of the State of Kansas, U.S.A.
17. PUBLIC REFERENCE. Licensee consents to the public use of its name as a customer of Licensor.
18. NO WAIVER. The failure by any party to exercise any right or remedy provided for herein will not be deemed a waiver of any right or remedy hereunder.
19. NEFARIOUS ACTIVITIES. The Licensor may revoke the Licensee's license to use the software if it is discovered that the Licensee is involved, directly or indirectly, in any illegal or nefarious activities. Deciding what constitutes nefarious activities is solely at the discretion of the Licensor. This includes, but is not limited to:
- Racial prejudice
- Religious prejudice
- Hatred in any form
- Sending Unsolicited Commercial Email (spam)
In such event, Licensee must destroy all copies of the Software as well as all files created by the Software. The Licensor is under no obligation to issue a refund on revoked licenses. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the inability to use the Software once a license has been revoked.
20. GOVERNING LAW AND CHOICE OF FORUM. This EULA shall be governed by and interpreted in accordance with the laws of the State of Kansas, U.S.A., without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved exclusively in the federal or state courts situated within the 10th Judicial District of Kansas. To the maximum extent permitted by law, Licensee hereby consents to the jurisdiction and venue of such courts and waives any objections to the jurisdiction or venue of such courts.
21. DISPUTE RESOLUTION. In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute.
21a. Mediation. In the event that the parties can not by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within 60 days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet in Overland Park, Kansas and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within 60 days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement.
21b. Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place in Overland Park, Kansas.
All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 60 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Licensee hereby acknowledges that they have read and understand the foregoing End-User License Agreement and agree that the action of installing the Software is an acknowledgment of Licensee's agreement to be bound by the terms and conditions of the Agreement contained herein. Licensee also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between the Licensor and Licensee, and that the EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between the Licensor and Licensee.