FREEWARE LICENSE
END-USER LICENSE AGREEMENT
NOTICE TO USER:
Please, read this carefully. By using all or any portion of the Software
you accept all the terms and conditions of this Agreement. If you do
not agree, do not use this Software.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the
respective meanings indicated, such meanings to be applicable to both
the singular and plural forms of the terms defined:
"Licensor" means Wouter van Oortmerssen. "Licensee" means You or Your Company,
unless otherwise indicated.
"Software" means (a) all of the contents of the files, disk(s),
CD-ROM(s) or other media with which this Agreement is provided,
including but not limited to ((i) registration information, i.e. License
key which is unique for a registration name of the Licensee; (ii)
related explanatory written materials or files ("Documentation"); and
(iii) Software setup files and code samples (if any); and (b) upgrades,
modified versions, updates, additions, and copies of the Software, if
any, licensed to you by the Licensor (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise
benefit from using the functionality of the Software in accordance with
the Documentation.
"Computer" means an electronic device that accepts information in
digital or similar form and manipulates it for a specific result based
on a sequence of instructions.
2. GENERAL USE
You are granted a non-exclusive License to Use the downloaded Software
for any purposes for an unlimited period of time.
The software product under this License is provided free of charge. Even
though a license fee is not paid for the use of such software, it does
not mean that there are no conditions for using such software.
2.1. The Software may be installed and Used by the Licensee for any
legal purpose.
2.2. The Software may be installed and Used by the Licensee on any
number of computers owned, leased or controlled by the Licensee.
2.3. The Software can be copied and distributed under the condition that
original copyright notice and disclaimer of warranty will stay intact
and the Licensee will not charge money or fees for the Software product,
except to cover distribution costs.
2.4. The Licensee will not have any proprietary rights in and to the
Software. The Licensee acknowledges and agrees that the Licensor retains
all copyrights and other proprietary rights in and to the Software.
2.5 Use within the scope of this License is free of charge and no
royalty or licensing fees shall be paid by the Licensee.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the
Software. The Software and any copies that the Licensee is authorized by
the Licensor to make are the intellectual property of and are owned by
the Licensor and its suppliers.
3.2 The Software is protected by copyright, including without limitation
by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this
Agreement must contain the same copyright and other proprietary notices
that appear on or in the Software.
3.4 The structure, organization and code of the Software are the
valuable trade secrets and confidential information of the Licensor and
its suppliers. The Licensee agrees not to decompile, disassemble or
otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in
any way the installer program without the Licensor's specific approval
are strictly prohibited. The Licensee is not authorized to use any
plug-in or enhancement that permits to save modifications to a file with
software licensed and distributed by the Licensor.
3.6 Any information supplied by the Licensor or obtained by the
Licensee, as permitted hereunder, may only be used by the Licensee for
the purpose described herein and may not be disclosed to any third party
or used to create any software which is substantially similar to the
expression of the Software.
3.7 Trademarks shall be used in accordance with accepted trademark
practice, including identification of trademarks owners' names.
Trademarks can only be used to identify printed output produced by the
Software and such use of any trademark does not give the Licensee any
rights of ownership in that trademark.
4. WARRANTY
4.1 The Licensor warrants that:
4.1.1 it owns the Software and documentation and/or is in possession of
valid and existing licenses that support the terms of this
agreement,
4.1.2 to the best of its knowledge, the Software does not infringe upon
or violate any intellectual property right of a third party and the
Licensor will indemnify, defend and hold the Licensee harmless in the
event of a claim related thereto;
4.1.3 the Software does not contain any back door, time bomb, drop dead
device or other routine intentionally designed by the Licensor to
disable a computer program or computer instructions that alter, destroy
or inhibit the processing environment.
4.2 Except those warranties specified in section 4.1 above, the Software
is being delivered to the Licensee "AS IS" and the Licensor makes no
warranty as to its use or performance.
The Licensor and its suppliers do not and cannot warrant the performance
or results the Licensee may obtain by using the Software.
Except for any warranty, condition, representation or term to the extent
to which the same cannot or may not be excluded or limited by law
applicable to the Licensee in his jurisdiction, the Licensor and its
suppliers make no warranties conditions, representations, or terms
(express or implied whether by statute, common law, custom, usage or
otherwise) as to any matter including without limitation
non-infringement of third party rights, merchantability, integration,
satisfactory quality, or fitness for any particular purpose.
5. LIMITATION OF LIABILITY
In no event will the Licensor or its suppliers be liable for
any damages, claims or costs whatsoever or any consequential, indirect,
incidental damages, or any lost profits or lost savings, even if the
Licensor has been advised of the possibility of such loss, damages,
claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition
that the Licensee complies with all terms and conditions stated in this
License.
6. NON-WAIVER
If a portion of this agreement is held unenforceable, the remainder
shall be valid. It means that if one section of the Agreement is not
lawful, the rest of the Agreement is still in force. A party's failure
to exercise any right under this Agreement will not constitute a waiver
of (a) any other terms or conditions of this Agreement, or (b) a right
at any time thereafter to require exact and strict compliance with the
terms of this Agreement.