End user agreement for Setup Specialist
TG BYTE SOFTWARE SETUP SPECIALIST 2002
IMPORTANT - READ CAREFULLY: This license agreement is a legal agreement between you (either an individual or a single entity) and TG Byte Software GmbH ("TG Byte Software") for the TG Byte Software software product identified above, which includes computer software and associated media, and may include printed materials and online or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license lgreement, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF EVALUATION LICENSE. TG Byte Software grants you a limited, non-exclusive and non-transferable evaluation license which confers the right to make copies of the unregistered, shareware evaluation version of the SOFTWARE PRODUCT, solely for use at one location, for evaluation purposes only; the period of evaluation shall not exceed thirty (30) days from the date of its original installation and use. The SOFTWARE PRODUCT shall not be copied, distributed or used for any other purpose. Furthermore, you agree to destroy or erase all unregistered copies of the SOFTWARE PRODUCT upon the expiration of the thirty (30) day evaluation period or upon request of TG Byte Software, whichever occurs first. You agree that you may not reverse engineer, decompile or disassemble the SOFTWARE PRODUCT. Nothing herein shall be construed as a grant of any license to use or distribute any registered version of the product. THIS EVALUATION LICENSE SHALL NOT INCLUDE THE RIGHT TO DISTRIBUTE SETUP PROGRAMS CREATED BY THE SOFTWARE PRODUCT.
2. GRANT OF LICENSE. This license agreement grants every registered user of the SOFTWARE PRODUCT the following rights:
SOFTWARE PRODUCT. You may install and use one copy of the SOFTWARE PRODUCT on a single computer.
NETWORK USE. You may access the registered version of the SOFTWARE PRODUCT through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access the SOFTWARE PRODUCT on the network, each workstation must have its own license for the SOFTWARE PRODUCT, regardless of whether they use the SOFTWARE PRODUCT at different times or concurrently.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
LIMITATIONS ON REVERSE ENGENEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SEPARATION OF COMPONENTS. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
RENTAL. You may not rent or lease the SOFTWARE PRODUCT.
SOFTWARE TRANSFER. You may permanently transfer all of your rights under this license agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades and this license agreement), and the recipient agrees to the terms of this license agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
TERMINATION. Without prejudice to any other rights, TG Byte Software may terminate this EULA if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
DISTRIBUTION OF UNREGISTERED EVALUATION VERSIONS OF THE PRODUCT. You may distribute complete unregistered evaluation copies of the SOFTWARE PRODUCT to third-parties, for the sole purpose of evaluation by them, provided such parties shall agree to be bound by the terms of this Agreement. You may not charge more than a minimal fee, not to exceed US$ 5.00, to cover the costs of media, distribution and handling or download of evaluation copies of the product, nor may you distribute same without clearly informing such third-parties that the software, documentation and related materials have not been registered with TG Byte Software and are provided for the limited purpose of evaluation in accordance with the terms of this Agreement to which said third-parties will be bound. Under no circumstances will you use or distribute only a portion of the SOFTWARE; you must provide a full and complete copy of the original software and documentation package.
DISTRIBUTION OF REGISTERED OR LICENSED VERSIONS OF THE PRODUCT PROHIBITED. You may not, for any purpose, distribute copies of registered or licensed versions of the software, documentation or related materials to any third-parties.
4. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from another product, whether from TG Byte Software or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a TG Byte Software product, you now may use that upgraded product only in accordance with this license agreement.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by TG Byte Software or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
6. REDISTRIBUTABLE COMPONENTS. TG Byte Software grants you a non-exclusive royalty-free right to reproduce and distribute the setup programs created by Setup Specialist provided that: (a) the setup program has been created using a registered copy of the SOFTWARE PRODUCT; (b) you distribute the setup program only in conjunction with and as a part of your software product; (c) you agree to indemnify, hold harmless, and defend TG Byte Software and its suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your software product; and (d) you otherwise comply with the terms of this license agreement.
GOVERNING LAW. This license agreement is governed by the laws of the Federal Republic of Germany.
Should you have any questions concerning this license agreement, or if you desire to contact TG Byte Software for any reason, write: TG Byte Software GmbH/Schwanheimer Str. 110/D-64625 Bensheim/Germany.
LIMITED WARRANTY. TG Byte Software warrants that the SOFTWARE PRODUCT's associated media will be free from defects for a period of twenty-four (24) months from the date of receipt.
NO OTHER WARRANTIES. THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the SOFTWARE PRODUCT may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TG BYTE SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TG BYTE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If any of the above paragraphs is or becomes invalid, this shall not affect the validity of the rest of this license agreement.