1. You should carefully read the following terms and conditions before
using, installing or distributing this software. Your use,
distribution, or installation of this software ("SOFTWARE")
indicates your acceptance of this Agreement.
2. The author ("AUTHOR") grants you a non-exclusive license to use one
copy of the SOFTWARE, subject to the terms of this Agreement. The
SOFTWARE is licensed, not sold. All rights not expressly granted
are reserved by the AUTHOR.
3. You may use the SOFTWARE only for evaluation purposes. If you
continue to use the SOFTWARE for more than 30 days, you MUST
purchase a serial number. Purchase of serial number(s) absolves
you of this condition for the number of copies specified in your
receipt.
4. You may install and use the SOFTWARE on any computer used primarily
by you (for example, work and home computers or desktop and laptop
computers). A copy of the SOFTWARE may either be used by a single
person who uses the software personally on one or more computers,
or installed on a single workstation used non-simultaneously by
multiple people, but not both. This is not a concurrent use
license.
5. You may make backup copies of the SOFTWARE, provided that you
retain possession of your originals and your copies.
6. You may distribute copies of the SOFTWARE installer / disk image or
post them on a public server, provided these are unaltered copies
of the then latest version of the SOFTWARE installer / disk image
obtained directly from the AUTHOR.
7. You may transfer all your rights to use the SOFTWARE to another
person or legal entity provided that you transfer this Agreement,
any serial number(s), and all copies and versions of the
SOFTWARE. You must not retain any copies of the SOFTWARE.
8. You may not sell, sublicense, rent, lease, or lend the SOFTWARE.
9. You may not disclose your purchased SOFTWARE serial number(s) to
anyone other than the AUTHOR.
10. You may not modify, reverse engineer, disassemble, decompile, or
make any attempt to discover the source code of the SOFTWARE.
11. The AUTHOR warrants that for 30 days after purchase of serial
number(s), the SOFTWARE will perform in substantial accordance
with its documentation.
12. THIS SOFTWARE is distributed and provided "AS IS" AND WITH ALL
FAULTS, AND with no OTHER WARRANTIES AND CONDITIONS of any kind,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO
ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF
LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS
NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF
NON-INFRINGEMENT. You acknowledge that good data processing
procedure dictates that any program, including the SOFTWARE, must
be thoroughly tested with non-critical data before there is any
reliance on it. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
13. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR ANY SUPPLIER BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND
FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF THE AUTHOR OR ANY SUPPLIER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY ANY
OTHER PARTY. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. In addition, in no event does the AUTHOR authorize you or anyone
else to use the SOFTWARE in applications or systems where the
SOFTWARE's failure to perform can reasonably be expected to result
in a significant physical injury, or in loss of life. Any such
use is entirely at your own risk, and you agree to hold the AUTHOR
harmless from any and all claims or losses relating to such
unauthorized use.
15. Our entire liability and your exclusive remedy for breach of the
foregoing warranty shall be to return the price you paid for your
serial number.
16. This agreement takes effect upon your use of the SOFTWARE and
remains in effect until terminated. You may terminate this
agreement by destroying all copies of the SOFTWARE and any serial
number(s) in your possession. This license terminates
automatically if you fail to comply with any term or condition.
You agree on termination of this license to destroy all copies of
the SOFTWARE and documentation in your possession.
17. This written license agreement is the exclusive agreement between
you and the AUTHOR concerning the SOFTWARE and documentation and
supersedes any prior purchase order, communication, advertising or
representation concerning the SOFTWARE.
18. This license agreement may be modified only by a writing signed by
you and the AUTHOR.
19. In the event of litigation between you and the AUTHOR concerning
the SOFTWARE or documentation, the prevailing party in the
litigation will be entitled to recover attorney fees and expenses
from the other party.