End user agreement for Simple Startup Manager
Ashkon Technology L.L.C. License Agreement
BEFORE YOU USE SIMPLE STARTUP MANAGER, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING SIMPLE STARTUP MANAGER FOR THE FIRST TIME, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
This is a legal Evaluation Agreement between you, as licensee, and Ashkon Technology LLC, the AUTHOR. Upon receipt of your application indicating that you have read, understood, and agree to be bound by the terms of this Evaluation Agreement and upon acceptance of such application by AUTHOR, AUTHOR shall license to you the Simple Startup Manager (the "Software").
BY DOWNLOADING AND RUNNING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS EVALUATION AGREEMENT. YOU ASSUME ALL RISK WITH RESPECT TO THE SOFTWARE PROGRAM AND ACKNOWLEDGE THAT THE SOFTWARE MAY HAVE DEFECTS OR DEFICIENCIES, AND THAT CERTAIN FEATURES AND FUNCTIONS IN SUCH SOFTWARE MAY NOT BE IN SUBSEQUENT RELEASES.
1. GRANT OF LICENSE.
AUTHOR grants to you a non-exclusive, non-transferable license to use the Software for the term of this License Agreement.
This Software is not a free software. You may use this software for evaluation purposes without charge for a period of 10 days. If you use this software after the 10 day evaluation period, a registration fee is required. See 'Ordering Info' section in on-line help for detailed information about registration method and price list.
DISTRIBUTION OF EVALUATION VERSION
You may copy the evaluation version of this Software and documentation as you wish, and give exact copies of the original evaluation version to anyone, and distribute the evaluation version of the Software and documentation in its unmodified form via electronic means. You are not allowed to charge or request donations for any such copies made and from distributing the Software and/or documentation with other products without the author's written permission.
One registered copy of the Software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. You may access the registered version of the 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.
AUTHOR, AT ITS SOLE OPTION, MAY RELEASE, CANCEL, AND/OR MODIFY THE SOFTWARE.
2. ASHKON TECHNOLOGY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ASHKON TECHNOLOGY SHALL NOT BE LIABLE FOR ANY LOSSES SUFFERED BY YOU OR ANY OTHER USER AS A RESULT OF USING THE SOFTWARE OR INABILITY TO USE THE SOFTWARE.
3. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content.
4. While Ashkon Technology may intend to distribute a new commercial release of the Software, Ashkon Technology reserves the right at any time not to release a new commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial
5. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Ashkon Technology and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Ashkon Technology and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
6. Ashkon Technology may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4, 5, 6, 7, 8 and 9. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of Washington and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and Ashkon Technology.
7. 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, and in similar clauses in the NASA AR Supplement.
8. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. ASHKON TECHNOLOGY OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, INCLUDING LOSS OF DATA, FILES, FOLDERS AND OTHER INFORMATION WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF ASHKON TECHNOLOGY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Copyright (c) 2000 - 2012 Ashkon Technology L.L.C.
All rights reserved.