End user agreement for Flashexeshell
This Software is licensed not sold. You may use this Software only as described in this license.
If you do not agree to the terms of this license, do not install the Software or use any registration number that was provided with the Software. You may contact the web site or store where you purchased the license for a refund if you have not used the registration number.
1. SOFTWARE. The capitalized term “Software” refers to the computer programs known as Flashexeshell, any updates, supplemental code or programs provided to you by MarioTec with or in connection with Flashexeshell, the user's manual for either of them, any components of either of them, any related media and printed materials, and any related "online" or electronic documentation.
2. GRANT OF LICENSE.
Evaluation Copy. If you acquired the license for the Software on an evaluation or trial basis, you may use the Software without charge for 7 days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the 7 day evaluation period. To pay the license fee and register your copy, you should visit www.mariotec.com or an authorized sales agent. For so long as the Software is the most current version of Flashexeshell distributed by MarioTec, you may give exact copies of the evaluation Software to anyone. You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the Software itself. Your distribution of the evaluation Software will not entitle you to any compensation from MarioTec. You must distribute a copy of this license with any copy of the Software and anyone to whom you distribute the Software is subject to this license. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software.
Registered Copy. When you purchase a license you will be provided with a registration number. You should enable the registered license for the Software by entering the registration number as prompted by the Software. You may use the registered Software on that number of computers for which you have purchased a separate license as indicated on our invoice. If the Software is installed on a network server or other storage device, you must purchase a license for each separate computer on which the Software is used. A license for the Software may not be shared by alternating use of the Software between different computers. The primary user of a computer for which a license has been purchased may make and use one copy of the Software on his or her portable computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part. You may permanently transfer all of your rights under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license.
3. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose.
4. SUPPORT SERVICES. MarioTec may provide you with support services related to the Software. Use of support services is governed by the user’s manual, online documentation, and other MarioTec materials, as they may be modified from time to time. MarioTec may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
5. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit MarioTec’s other rights it may have by law.
6. COPYRIGHT. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that MarioTec retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark or other proprietary notices which appear, on, in or with the Software. The Software is protected by United States copyright law and international treaty provision.
7. NO WARRANTIES. To the extent permitted by applicable law, the Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
8. LIMITATION OF LIABILITY. MarioTec is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if MarioTec has been advised of the possibility of such damages. MarioTec’s liability, for any claim related to your purchase or use of the Software, whether in contract, tort, or any other theory of liability will not exceed the greater of U.S. $1.00 or the license fee paid by you.