End user agreement for Thoroughbred Performance Analyzer
TP Analyzer's All Inclusive License
The Thoroughbred Performance Analyzer's no nonsense License Agreement ;
Developer and Owner;
Bill D. Knoblett
Thoroughbred Performance Analyzer
1301 West Miller Street
Clinton, In. 47842
BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
TP Analyzer's END USER LICENSE AGREEMENT. REDISTRIBUTION IS NOT PERMITTED.
This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact Bill at firstname.lastname@example.org
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION) GRANT.
Bill Knoblett and the Thoroughbred Performance Analyzer. Inc grants you a non-exclusive license to evaluate the Software free of charge for no more than 15 days. If you are using the Software free of charge, you are not entitled to, support or telephone assistance.
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software 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.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, you are granted a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing the Software
through the network must have a copy licensed to that person;
* use the Software on a second computer so long as only one copy is used at a time;
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
You may not:
* permit other individuals to use the Software except under the terms listed above;
Any know breach of this agreement can result in the termination of such privileges.
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software;
* remove any proprietary notices or labels on the Software; or
* let others know your username and key.
* distribute or re-sale for profit, any generated data from the use of the TP Analyzer.
Title, ownership rights, and intellectual property rights in the Software shall remain in Bill Knoblett. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BILL KNOBLETT OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL
BILL KNOBLETT OR THE THOROUGHBRED PERFORMANCE ANALYZER ,INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THE THOROUGHBRED PERFORMANCE ANALYZER, INC. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF THE THOROUGHBRED PERFORMANCE ANAYZER, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software 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 the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Bill Knoblett and His suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Indiana law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015.