End user agreement for PC iPod
END-USER LICENSE AGREEMENT FOR PCiPod Product
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
SOFTWARE LICENSE AGREEMENT
Use of PCiPod products (hereinafter "SOFTWARE") is contingent on your agreement to the following terms:
1. GRANT OF LICENSE
PCiPod.com (hereinafter "AUTHOR") grants you a limited, non-exclusive license to use the SOFTWARE.The SOFTWARE is licensed, not sold, to you for use only under the terms of this Agreement.
Evaluation and Registration
This is not free software. Subject to the terms below, you are hereby licensed to use this SOFTWARE for evaluation purposes without charge for a period of days/uses. If you use this SOFTWARE after the evaluation period a registration fee is required. The registration fee grants you the right to use this SOFTWARE for an unlimited time, and does not display any registration reminders. When payment is received, you will be sent your own personal registration code.
One registered copy of SOFTWARE may either be used by a single person who uses the SOFTWARE personally on one or two computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. You may access the registered version of SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if 5 different workstations will access SOFTWARE on the network, each workstation must have its own SOFTWARE license, regardless of whether they use SOFTWARE at different times or concurrently.
2. SCOPE OF GRANT
You may not decompile, disassemble or otherwise reverse engineer the SOFTWARE, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the SOFTWARE. You may not modify, rent, or resell for profit this SOFTWARE, or create derivative works based upon this SOFTWARE. You may not publicize or distribute any registration code algorithms, information, or registration codes used by this SOFTWARE without permission from the AUTHOR.
In no event shall the AUTHOR's liability exceed the purchase price of the SOFTWARE. Additionally, NO REFUNDS will be given after purchase of the SOFTWARE.You must utilize the evaluation period to decide if the SOFTWARE meets your needs and is compatible with your systems.
This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Only the shareware version of this SOFTWARE may be freely distributed.
Provided that you verify that you are distributing the shareware version, you may distribute this SOFTWARE on on-line services, bulletin boards, or other electronic media provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. This SOFTWARE may not be distributed on CD-ROM, disk, or other physical media for a fee without the permission of the AUTHOR.
The license will terminate automatically and the SOFTWARE unregistered if you fail to comply with any of the above terms and conditions. The license may be terminated by either party at any time and without notice.
6. New BSD Licence
Portions of iFileExplorer in PCiPod are based on original code iPhoneBrowser.
iPhoneBrowser is under the new BSD licence - All rights reserved.
Redistribution and use of iPhoneBrowser in source and binary forms, with or without modification, are permitted provided that the new BSD licence conditions are met.
7. DISCLAIMER OF WARRANTY
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. NO LIABILITY FOR DAMAGES.
IN NO EVENT SHALL AUTHOR OR LICENSOR BE LIABLE FOR ANY DAMAGES 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 OF OR INABILITY TO USE THIS PRODUCT, EVEN IF AUTHOR OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL AUTHOR OR LICENSOR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SOFTWARE PRODUCT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF AUTHOR OR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE PRODUCT, FROM INABILITY TO USE THE SOFTWARE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.