END-USER LICENSE AGREEMENT
Important - read carefully:
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and the mentioned author of this
Software for the software product identified above, which includes computer
software and may include associated media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this EULA,
do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Installation and Use. You may install and use an unlimited number of copies of
the SOFTWARE PRODUCT providing that you purchased a license for each
installation. You are prohibited from any retail distribution of the SOFTWARE
PRODUCT either in part or as a whole.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may
not be separated for use on more than one computer.
Termination.
Without prejudice to any other rights, the Author of this Software may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its
component parts.
Distribution.
The SOFTWARE PRODUCT may be included in a product or package developed by you,
only if your product adds significant functionality.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text, and
"applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed
materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of
this Software. The SOFTWARE PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT
like any other copyrighted material.
4. LIMITED WARRANTY
NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is"
without warranty of any kind, either express or implied, including, without
limitation, the implied warranties or merchantability, fitness for a particular
purpose, or noninfringement. The entire risk arising out of use or performance
of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Ecrion or
its suppliers be liable for any special, incidental, punitive, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to meet any
duty including of good faith or of reasonable care, for negligence, and for any
other pecuniary
or other loss whatsoever) arising out of or in any way related to the use of or
inability to use the product, the provision of or failure to provide support or
other services, informaton, software, and related content through the product
or otherwise arising out of the use of the product, or otherwise under or in
connection with any provision of this EULA, even in the event of the fault,
tort (including negligence), strict liability, breach of contract or breach of
warranty of Ecrion or any supplier, and even if Ecrion or any supplier has been
advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so the above limitations or exclusions may
not apply to you. In no event shall our total liability to you for all damages,
losses, and causes of action (whether in contract, tort or otherwise) exceed
the amount paid by you for the SOFTWARE PRODUCT.
Ecrion Software Inc.
www.ecrion.com
November 2005
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