End user agreement for LeaderCode Personal Information Manager
LeaderCode Personal Information Manager Evaluation License
LeaderCode TM Copyright © 2005-2007 by LeaderCode, Inc.
All rights reserved.
This license applies to the evaluation version of LeaderCode Personal Information Manager. If you do not have an evaluation version of LeaderCode Personal Information Manager, see LeaderCode Personal Information Manager Standard License.
LeaderCode Personal Information Manager License
Your Agreement to this License
You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting LeaderCode Personal Information Manager ("PIM"), you agree to all of the terms of this agreement ("License").
Please read the license terms below. If you do not agree to all of the terms of this License, then do not use, install, copy, distribute, or transmit PIM.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by LeaderCode, Inc. ("LCI") to use one copy of PIM, on one (1) computer or workstation, for evaluation purposes without charge for a period of 21 days. If you use this software after the 21-day evaluation period, a license fee of $29.99 is required. Use of PIM after the 21-day evaluation period without payment of the license fee is a breach of this License and a violation of U.S. and international copyright laws.
Subject to all of the terms of this License, you may, without making any payment to LCI:
give exact copies of this evaluation version of PIM personally to anyone;
distribute exact copies of this evaluation version of PIM, if done exclusively through electronic channels;
and make as many exact copies of this evaluation version of PIM as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from LCI. LCI reserves the right to revoke the above distribution rights at any time, for any or no reason.
All rights of any kind in PIM which are not expressly granted in this License are entirely and exclusively reserved to and by LCI. PIM is protected by the United States copyright laws and other applicable laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, PIM, nor permit anyone else to do so. You may not make access to PIM available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Warranty Disclaimers and Liability Limitations
PIM, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. LCI does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, PIM. LCI does not warrant that the operation of PIM will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. Further, there is no warranty for the optional virus scanning feature. (PIM does not scan for viruses; it simply runs external programs that claim to perform this function.) You acknowledge that good data processing procedure dictates that any program, including PIM, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of PIM covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, LCI shall not be liable for any damage or financial loss arising out of the use of, or inability to use, PIM. Any liability of LCI will be limited exclusively to refund of the license fee paid to LCI. Except to the extent expressly prohibited by applicable statutes, in no event shall LCI, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of PIM, or to your relationship with LCI, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does LCI authorize you or anyone else to use PIM in applications or systems where PIM's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold LCI harmless from any and all claims or losses relating to such unauthorized use.
PIM is provided with "Restricted Rights". Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.
PIM is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license PIM. By accepting this License, you warrant and represent to LCI that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export PIM to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.