End user agreement for FastSum Standard Edition
END-USER LICENSE AGREEMENT:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
• YOU CLICK THE "ACCEPT" BUTTON, OR
• YOU COPY, INSTALL, OR USE THIS COPY OF FASTSUM SOFTWARE, OR
• YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS FASTSUM SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the FastSum software package ("FastSum") with which this Agreement is included by the developers.
The complete software package may contain the following components: FastSum Standard Edition (with Graphical User Interface), FastSum command-line (console) utility and the PHP class for FastSum data files parsing. Each component is being distributed under its own license.
2. GRANT OF LICENSE
This EULA grants you the following rights:
(a) Software Installation and Use. You may only install, use, access, display and run one (1) copy of the SOFTWARE PRODUCT on the COMPUTER except the components permitted for free use described below [2.2].
(b) Storage/Network Use. The SOFTWARE PRODUCT may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices"). Notwithstanding the foregoing and except as otherwise provided below, any number of Devices, may access or otherwise utilize the file and print services and internet information services of the SOFTWARE PRODUCT, if included.
(c) Back-up Copy. If Manufacturer has not included a back-up copy of the SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.
(d) Reservation of Rights. Manufacturer reserve all rights not expressly granted to you in this EULA.
2.1 EVALUATION (UNREGISTERED) AND REGISTERED USE LICENSE FOR FASTSUM STANDARD EDITION
Your license to use this Software is limited to the number of licenses purchased by you. For more information about purchasing additional licenses of this Software please e-mail us at: firstname.lastname@example.org
You shall not allow others to use, copy or evaluate copies of this Software. Others may obtain a copy of this Software from: http://www.fastsum.com
Each licensed copy of this Software may be used on one single computer location by one user. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer being used by one person (or number of users covered in a multi-site license). Other users may not use your copy of this Software. The assignment, sublicense, networking, sale, or distribution of copies of this Software are strictly forbidden without the prior written consent of Manufacturer. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. If any person other than yourself uses Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
2.2 FREE USE LICENSE FOR FASTSUM COMMAND-LINE (CONSOLE) EDITION.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received FastSum in the form of an original FastSum distribution package as distributed by developers, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for FastSum are available from developers and FastSum distributors. Copies of FastSum, not received in the form of an Original Distribution Package, are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
• install and use FastSum for any purposes.
(c) You may not:
• permit others to use this software unless they are properly licensed by FastSum developers, either under this Agreement or another agreement from FastSum developers.
• modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this FastSum program.
• copy FastSum except as described above.
• sell or license copies of FastSum to others.
• remove any proprietary notices or labels on FastSum.
• use FastSum in or for High Risk Activities (defined below)
(d) All rights reserved by FastSum developers.
FastSum contains online user manual. However, hard-copy documentation, telephone assistance and other support are not available under this license.
4. DISCLAIMER OF WARRANTY.
Developers disclaim any and all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. You acknowledge and agree that you had full opportunity to test FastSum before any live, public or production use, that you assume full responsibility for selecting and using FastSum and distributing files created through use of FastSum, and that if you use FastSum improperly or against instructions, you can cause damage to your files, software, data or business. The entire risk as to the quality and performance of FastSum is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
5. LIMITATION OF LIABILITY.
In no event shall developers, or employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of FastSum, files created using FastSum, or your relationship with developers. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the FastSum software and all other materials in this FastSum Original Distribution Package and, at FastSum developer's sole discretion, any or all of the files created by you using FastSum and distributed to others.
7. HIGH RISK ACTIVITIES.
FastSum is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of FastSum could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Developers and their suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and developers. Waiver by developers of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to FastSum or to this Agreement shall be governed by the laws of the Russian Federation, without regard to R.F. choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to developers or the matters in this Agreement shall be exclusively in courts located in Kaliningrad. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by developers herein.