End user agreement for Gadwin Web Snapshot
GADWIN WEB SNAPSHOT
LICENSE FOR USE AND DISTRIBUTION
1. LICENSE GRANT.
Gadwin Systems, Inc. grants you a license to use one copy of the version of this SOFTWARE on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your system. This license is not transferable to any other system, or to another organization or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
The SOFTWARE is owned and copyrighted by Gadwin Systems, Inc. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
This software is copyright 1999-2009, Gadwin Systems, Inc. "Gadwin Web Snapshot" is a trademark of Gadwin Systems, Inc. The use and copyright of this software is governed by international copyright treaties. Gadwin Systems, Inc. retains full title and rights to this software and documentation and in no way does the license granted in any way diminish the intellectual property rights of Gadwin Systems, Inc. You must not redistribute the registration codes provided, either on paper, electronically, or in any other form.
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GADWIN SYSTEMS, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.
The SOFTWARE may be distributed freely in its original unmodified and unregistered form, with exceptions noted below, provided the distribution package is not modified. No person or company may charge a fee for the distribution of SOFTWARE without written permission from the copyright holder. The SOFTWARE may not be bundled or distributed with any other package without written permission of the copyright holder.
5. OTHER RESTRICTIONS.
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
6. EXPORT CONTROL.
Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.S. By installing or using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
8. U.S. GOVERNMENT END-USERS.
The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End-Users acquire the Product with only those rights set forth herein.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and may be amended only by a writing signed by both parties. This Agreement shall be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Gadwin Systems. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith
10. LICENSEE OUTSIDE THE U.S.
If Licensee is located outside the U.S., then the provisions of this Section shall apply. Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.")