End user agreement for Error Repair Professional
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING OR DISTRIBUTING SOFTWARE DOCUMENTATION, SOFTWARE AND ADDITIONAL MATERIALS (THE "PRODUCT"). THE PRODUCT IS LICENSED (NOT SOLD) TO YOU AND BY USING OR DISTRIBUTING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND ERROR-REPAIR-PRO.COM (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. USE OF THE PRODUCT. You must not (a) defeat, or try to defeat, any messages in the Product; (b) modify or prepare derivative works of the Product; (c) or reverse engineer, decompile or disassemble the Product.
2. DISTRIBUTING THE PRODUCT. You may make copies of the UNREGISTERED VERSION of This Product to give to others for FREE, however you MAY NOT SELL the Product. Also, you may not: (a) ship incomplete versions of the Product; (b) defeat, or try to defeat, any messages in the Product in any other way. (c) Selling, or distributing Registration Information of Error Repair Professional
3. LEGAL DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT WILL ERROR-REPAIR-PRO.COM, OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
5. SEVERABILITY. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
6. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
7. ERROR REPAIR PROFESSIONAL IS PROVIDED AS IS. ERROR-REPAIR-PRO.COM will in no way be responsible, in financial or any other terms, for damages (either consequential or incidental) resulting from the use or misuse of Error Repair Professional or from following directions in this document. No warrantee as to fitness to a particular purpose is given or implied.
8. Because of the wide variety of hardware and software combinations available today, it is up to the user to ensure that Error Repair Professional functions well in his or her environment. The user must assume the entire risk of using the product.