End user agreement for LinxExplorer
End User License Agreement
NOVOSIB SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND NOVOSIB SOFTWARE COMPANY ("NOVOSIB"). USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
The capitalized term "Software" refers to the computer program known as LinxExplorer Version 1.0 or higher, any updates, the user's manual and Help file, any components, any related media and printed materials, and any related "online" or electronic documentation.
NOVOSIB grants you a license to use one copy of the version of this SOFTWARE on a single computer. "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, disable any licensing, or control features of the SOFTWARE except as an intended part of the SOFTWARE programming features. This license is not transferable to any other system or to another organization or individual.
SOFTWARE is a shareware program. You are granted the right to use the SOFTWARE without registration solely for the purposes of evaluating the full performance of the SOFTWARE for a limited period. Unregistered use of this software after this evaluation period is in violation of U.S. and international copyright laws.
If after that time continued use of the SOFTWARE is desired then the SOFTWARE must be registered with NOVOSIB subject to the terms as laid out in the registration information, which can be found in the documentation accompanying the SOFTWARE. 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. When you satisfied with the program and want continue to use it, you must purchase a License-Key. After the purchase, you will receive a License-Key in the confirmation email. You then enter the key into software, the software become a licensed copy.
The SOFTWARE is owned and copyrighted by NOVOSIB. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. NOVOSIB reserves the right to change the price for the program or any service without prior notice. Once registered, you are granted a non-exclusive license to use the SOFTWARE for your own or your company products submissions on one computer at a time. The registered SOFTWARE as well as registration keys may not be rented or leased, but may be permanently transferred, if the person receiving it agrees to terms of this license. You are not allowed to submit other authors or companies products using your copy of SOFTWARE.
The SOFTWARE and all rights, without limitation including proprietary rights therein, are owned by NOVOSIB or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of NOVOSIB and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices, which appear on and in the SOFTWARE.
You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in completely or in part.
NO OTHER WARRANTIES
THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NOVOSIB DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL NOVOSIB OR ITS SUPPLIERS BE 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 NOVOSIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NOVOSIB' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
This agreement is governed by the laws of the State of Texas. If for any provision or portion thereof of the License agreement is found to be unenforceable by a court of competent jurisdiction that provision shall be enforced in such manner as to effect the intention of the parties hereof, and the remainder of the License agreement shall continue in full force and effect.
This is the entire agreement between you and NOVOSIB, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. NOVOSIB, on its sole discretion, may modify this agreement in writing at any time.
Registration and Trademarks
(C) 2002-2003, NOVOSIB Software Co. All rights reserved.
This program includes software developed by the OpenSSL. See the OpenSSL License Agreement.
Updated: Oct 13 2004.