End User License Agreement
Important: Read Carefully
This End-User License Agreement (Agreement) is a legal contract between you (either (a) an individual user or (b) a business organization (you) and Licensor (as designated below) for the software, including any associated media, printed materials and electronic documentation (the Software).
(1) FREE SOFTWARE LICENSE By clicking on the I ACCEPT button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this Agreement and you represent that you are authorized to enter into this Agreement on behalf of your corporate entity (if applicable). If you do not wish to be bound by the terms of this Agreement, click the I DO NOT ACCEPT button, and do not install, access or use the Software.
(2) TERMS By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
(3) USE LICENSE Permission is granted to temporarily download one copy of the materials (information or software) on Softwares web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, unless specified elsewhere, you may not: (a) remove any copyright or other proprietary notations from the materials This license shall automatically terminate if you violate this restriction and may be terminated by the Licensor at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
(4) DISCLAIMER The materials on Softwares web site are provided as is. Software makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Software does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
(5) LIMITATION OF LIABILITY In no event shall Software or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Softwares Internet site, even if Software or a Software authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no case will Licensors liability for damages hereunder exceed fifty dollars (US $50).
(6) OWNERSHIP This Agreement does not convey to you any rights of ownership in the Software. All right, title, and interest in the Software and in any ideas, know-how, and programs which are developed by Licensor including any enhancements or modifications made to the Software, shall at all times remain the property of Licensor or its licensor. You acknowledge and agree that the Software is licensed to you, and not sold. You will not remove, modify or alter any of Licensors copyright, trademark or proprietary rights notices from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Setup Wizard dialogue or about boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software, or in any archival or back-up copies, if applicable.
(7) REVISIONS OF ERRATA The materials appearing on Softwares web site could include technical, typographical, or photographic errors. Software does not warrant that any of the materials on its web site are accurate, complete, or current. Software may make changes to the materials contained on its web site at any time without notice. Software does not, however, make any commitment to update the materials.
(8) LINKS Software has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Software of the site. Use of any such linked web site is at the users own risk.
(9) RELATIONSHIP OF PARTIES You and Licensor are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent or legal representative of Licensor.
(10) CONTROLLING LAW This Agreement will be governed by the laws of British Columbia, Canada excluding conflicts of law.
(11) ENTIRE AGREEMENT This Agreement constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and Licensor with respect to the Software and may be modified only in writing by both parties. No term or condition contained in your purchase order will apply unless expressly accepted by Licensor in writing. Failure to prosecute a partys rights will not constitute a waiver of any other breach.