You should carefully read the following terms and conditions before using this
software. Your use of this software indicates your acceptance of this license agreement
and warranty. The term "Software" shall also include any upgrades, modified versions
or updates of the Software licensed to you by Pointstone Software, LLC.
LICENSE GRANT. Pointstone Software, LLC
(the author) grants you a license to use one copy of the version of this SOFTWARE
on any one hardware product for as many licenses as you purchase. "You" means
the company, entity or individual whose funds are used to pay the license fee.
"Use" means storing, loading, installing, executing or displaying the SOFTWARE.
You may not modify the SOFTWARE or disable any licensing or control features
of the SOFTWARE except as an intended part of the SOFTWARE's programming features.
When you first obtain a copy of the SOFTWARE, you are granted an evaluation
period of not more than 15 days, after which time you must pay for the SOFTWARE
according to the terms and prices discussed in the SOFTWARE's documentation,
or you must remove the SOFTWARE from your computer. This license is not transferable
to any other hardware product or other company, entity, or individual.
OWNERSHIP. The SOFTWARE is owned and
copyrighted by the author. Your license confers no title or ownership in the
SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected
by United States copyright law and international treaty provisions. You acknowledge
that no title to the intellectual property in the SOFTWARE is transferred to
you. You further acknowledge that title and full ownership rights to the SOFTWARE
will remain the exclusive property of the author and you will not acquire any
rights to the SOFTWARE except as expressly set forth in this license. You agree
that any copies of the SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
REVERSE ENGINEERING. You agree that
you will not attempt to reverse compile, modify, translate, or disassemble the
SOFTWARE in whole or in part.
UNAUTHORIZED USE. You may not use,
copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer,
or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized
use shall result in immediate and automatic termination of this license.
BUNDLING. In no case may this product
be bundled with hardware or other non-shareware software without written permission
from Pointstone Software, LLC.
All distribution of SOFTWARE is further restricted with regard to sources which
also distribute virus source code and related virus construction/creation materials.
The SOFTWARE may not be made available on any site, CD-ROM, or with any package
which makes available or contains viruses, virus source code, virus construction
programs, or virus creation material.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable,
or franchisable. Each entity wishing to distribute the package must independently
satisfy the terms of the distribution license.
LIMITED WARRANTY. THIS SOFTWARE IS
PROVIDED ON AN "AS IS" BASIS. Pointstone Software DISCLAIMS ALL WARRANTIES RELATING
TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER Pointstone Software NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE,
EVEN IF Pointstone Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT
THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO Pointstone
Software, LLC.
SEVERABILITY. In the event of invalidity
of any provision of this license, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL Pointstone Software, LLC OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES
OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE,
EVEN IF Pointstone Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Pointstone Software LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF
ANY.
GOVERNING LAW. This license will be
governed by the laws of United States.
ENTIRE AGREEMENT. This is the entire
agreement between you and Pointstone Software, LLC which supersedes any prior agreement
or understanding, whether written or oral, relating to the subject matter of
this license.
RESERVED RIGHTS. All rights not expressly
granted here are reserved to Pointstone Software, LLC.
