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Proprietary Software License

Legal

  1. GENERAL
    1. This license agreement is a legal agreement between you (either an individual or a single entity) and the author of this software. By installing or otherwise using this software you agree to be bound by this agreement.
    2. If you do not agree to the terms of this Agreement, you may not install or use this software.
    3. This software product is Copyright (c) Paul McKnight, All Rights Reserved. If more detailed copyright information is required this can be displayed by viewing the software products About screen.
    4. This agreement will immediately and automatically terminate without notice if you fail to comply with any term, condition or clause of this Agreement. You agree upon termination to promptly destroy the software together with all of its component parts, prior and replacement versions, personalised license / registration codes / machine codes and all copies and modifications thereof in any form.
    5. This software product may include strong encryption algorithms that are subject to export restrictions. You are responsible for any claim that your use of this software is in compliance with these restrictions and regulations.
  2. DISTRIBUTION
    1. You are hereby licensed to make as many exact copies of this software and documentation as you wish; give exact copies of the original software to anyone; and distribute the software and documentation in its unmodified form using electronic means or via CD/DVD-ROM media. There is no charge for any of the above.
    2. You are specifically prohibited from charging, or requesting donations, for any such copies.
    3. You are strictly forbidden from sharing, distributing or publishing any personalised license / registration codes / machine codes that are used for the continued usage of this software product.
    4. Unauthorised re-packaging and / or distribution is strictly forbidden.
  3. SUITABILITY
    1. It is the responsibility of the user of this software product to ensure this software is suitable for purpose; is compatible with their existing hardware and software.
    2. The freely available downloadable version of this software product should be used to assist in the evaluation of this product.
  4. UPDATES AND UPGRADES
    1. No guarantee is made that future updates will be compatible with previous releases.
    2. The author may, from time to time, revise or update the software product. In so doing, the author incurs no obligation to furnish such revision or updates to you.
    3. FREEWARE
      1. The author reserves the right to change the license from Freeware to Shareware for future releases.
      2. Minor updates (for example, v3.00->v3.10) are free.
      3. Major updates (for example, v3.??->v4.??) are free.
    4. SHAREWARE
      1. Minor updates (for example, v3.00->v3.10) are free.
      2. Major updates (for example, v3.??->v4.??) will be made available for a small upgrade cost.
  5. REFUNDS
    1. The Consumer Protection (Distance Selling) Regulations 2000: You have a statutory right to cancel your contract(s) with us without charge. It should be noted these regulations permit several exclusions that apply to this software product. These exclusions include "Any goods made to your personal specifications or personalised for you" (for example, a personalised license / registration code / machine code) and "Software which has had its seal broken and has been opened" (for example, software must be returnable in an unused state - once a personalised license / registration code / machine code is issued this is not possible).
    2. No refunds are available. You should fully assess the software product using the freely available evaluation version before purchasing a personalised license / registration code / machine code for continued usage of the software product.
  6. MISCELLANEOUS
    1. You may not disassemble or reverse engineer any part of this software product.
    2. You may not rent or lease any part of the software product.
    3. Unauthorized patching of the software product is strictly forbidden.
    4. Unauthorized creation of licenses / registration codes / machine codes is strictly forbidden.
    5. The author of this software does not guarantee that this software product is free from bugs / errors or free from viruses.
    6. The author does not guarantee the quality and reliability of any encryption technique used to secure data. In all cases it should be assumed that basic algorithms have been utilised and should be considered to be not secure.
    7. You agree to be bound by the Terms and Conditions document, the Disclaimer and the Privacy Policy as published on the web site. Any changes to these policies / documents will be published to the web site.
    8. Should any term of this license be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
    9. Any dispute over this license is subject to the laws of England and Wales.
  7. LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS 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 OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE AUTHOR'S CUMULATIVE AND ENTIRE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THIS LICENSE.

Legal
Created: 14th Jun 2008
Read Time: 7 minutes