End user agreement for Mapwel
SOFTWARE LICENSE AND LIMITED WARRANTY
This is an agreement between you, the end user, and Balarad. By installing
and/or using this Software, you are agreeing to become bound by the terms
of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.
This Software is protected by copyright laws and international treaties and may
only be used in accordance with the license terms.
Do not install or use the Software until you have read and accepted all of the
warnings and license terms. Permission to use the Software is conditional upon
you agreeing to the license terms. Installation or use of the Software by you will
be deemed to be acceptance of the license terms. Acceptance will bind you to
the license terms in a legally enforceable contract with Balarad.
The installation of this program will install files necessary to operate the program
onto your computer. Other system files, such as .DLLs may be installed or updated
and Windows registry entries will be made. Uninstalling the program will not remove
all of the installed files or registry entries. As with all installations, it is recommended
that you back up your hard drive before you install this program.
WARNING. The file created with this Software should only be uploaded to the
GPS unit for which it is intended. If this file is uploaded to a GPS unit other than
it is designed for, it will render the unit inoperative.
If the file upload fails, and subsequent upload or memory erase attempts
prove unsuccessful, the unit may need to be returned to its manufacturer
GRANT OF LICENSE. Balarad grants to you a non-exclusive right to use the
Software during the term of the test evaluation period in accordance with the terms
contained in this license. You agree to allow this Software to store small amounts
of information necessary to protect the Software against unauthorized use, and you
acknowledge that Balarad will not disclose any information related to removing or
overcoming such anti-piracy information stored in your system at any time.
OWNERSHIP OF SOFTWARE. Balarad and its suppliers retain the copyright, title
and ownership of the Software and the written materials.
TERM. This License commences upon the installation of the Software and is
effective until terminated by Balarad. Balarad may terminate this License for any
reason or for no reason. Balarad may have included code in the Software that will
cause the Software to terminate automatically after a certain date or after a certain
number of uses. Such termination may occur without notice to you. Upon termination
you shall remove the Software from your computer(s).
PERMITTED USES. You may use this Software on a single computer, but may transfer
it to another computer as long as the other computer is owned by you and as long as
it is used on only one computer at a time.
NON-PERMITTED USES. You may not lend, lease, rent, sub-license or otherwise
distribute any portion of this Software. You may not translate, reverse program,
disassemble or decompile this Software.
THIRD PARTIES. Any user of this Software should adhere to applicable license
agreements of all third parties. This product is not intended to be used to violate
copyright laws, trademarks or other rights of third parties.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING
INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, FURTHER, BALARAD DOES NOT WARRANT, GUARANTEE, OR
MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF
USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU,
AND NOT BALARAD OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR
EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
BALARAD PROVIDES THIS SOFTWARE WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY BALARAD, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
NEITHER BALARAD NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF BALARAD
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BALARAD DOES NOT GUARANTEE CORRECT PROCESSING OF ANY TRUETYPE
OR OPENTYPE FONT IN EMBIRD FONT ENGINE PLUG-IN. TRUETYPE AND
OPENTYPE FONTS ARE NOT ORIGINALLY DESIGNED FOR CONVERSION INTO
EMBROIDERY DESIGNS, THEREFORE THE QUALITY OF CONVERSION MAY
VARY FROM CHARACTER TO CHARACTER EVEN WITHIN THE SAME FONT.
THE INABILITY OF FONT ENGINE TO CREATE EMBROIDERY DESIGN FROM
ANY FONT OR CHARACTER IS NOT CONSIDERED AS A REASON FOR MONEY
In no event will Balarad's liability for any damages to you or any other person
exceed the amount paid for the license to use the Software.