End user agreement for Asutype
Asutype Trial 5.0
Copyright (c) 2013 Fanix Software
All Rights Reserved
For a brief description of Asutype, see the file README.TXT.
This license applies to the Trial version of Asutype.
YOUR AGREEMENT TO THIS LICENSE
You should carefully read the following terms and conditions before using, copying or installing this software. By using, copying or installing Asutype Trial version ("Asutype"), 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, copy or install Asutype.
SCOPE OF LICENSE
This is not free software. Subject to the terms below, you are hereby licensed by Fanix Software ("Fanix") to use one copy of Asutype, on one (1) computer or workstation, for evaluation purposes without charge for a period of 30 days. If you use this software after the 30-day trial period a license fee is required, as described in the product website at http://www.asutype.com/. Use of Asutype after the 30-day trial period without payment of the license fee is in violation of the copyright laws.
Asutype software including all accompanying documentation, data files and all intellectual property rights is owned by Fanix and its licensors. All rights of any kind in Asutype which are not expressly granted in this License are entirely and exclusively reserved to and by Fanix. Asutype is protected by the copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.
You may install and use Asutype solely as expressly provided in this License. You may not rent, lease, publish, distribute, display, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Asutype, nor permit anyone else to do so. You may not make access to Asutype 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
Asutype, 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. Fanix does not warrant, guarantee, or make any representations regarding the use or the results of the use of Asutype. Fanix does not warrant that the operation of Asutype will be uninterrupted or error-free. You acknowledge that good data processing procedure dictates that any program, including Asutype, 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 Asutype covered by this License. This disclaimer of warranty constitutes an essential part of this license.
Fanix shall not be liable for any damage or financial loss arising out of the use of, or inability to use, Asutype. Any liability of Fanix will be limited exclusively to refund of the license fee paid to Fanix. In no event shall Fanix, 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 Asutype, or to your relationship with Fanix, (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 Fanix authorize you or anyone else to use Asutype in applications or systems where Asutype's failure to perform can reasonably be expected to result in a significant physical injury, or loss of property or in loss of life. Any such use is entirely at your own risk, and you agree to hold Fanix harmless from any and all claims or losses relating to such unauthorized use.
DISTRIBUTION OF THIS TRIAL VERSION
Provided that you verify that you are distributing the Trial version of Asutype (select "About" from the Asutype menu to check), you are hereby licensed to make unlimited copies of the Trial Version and documentation; give exact copies of the original Trial Version to anyone and distribute the Trial Version and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging or requesting donations for any such copies (however made), and from distributing the software and/or documentation with other products (commercial or otherwise) without Fanix Software's prior written permission.
The terms of this License will be governed and construed in all respects in accordance with the laws and regulations of the State of Queensland, without reference to choice of law principles. You agree that any litigation, action or proceeding related to this License must be instituted in any state or federal court in the State of Queensland, and you waive any objection that you may have with respect to jurisdiction, venue or forum.