End user agreement for BreakOut
EULA-End User License Agreement
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This Tekware product is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
This Tekware product is shareware, and is not warrenteed .
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Tekware with regard to this software
(Tekware Product or Tekware Software) provided with this EULA. This
Tekware Product includes computer software, the associated media, any printed
materials, and any "online" or electronic documentation.
Use of any Tekware software and related documentation provided to you by Tekware
Products in whatever form or media, will constitute your acceptance of these terms,
unless separate terms are provided by the software supplier, in which case certain
additional or different terms may apply. If you do not agree with the terms of this EULA, do
not download, install, copy or use this software. By installing, copying or otherwise using
this Tekware product you agree to be bound by the terms of this EULA. If you do
not agree to the terms of this EULA then Tekware is unwilling to license this product to you.
1. Eligible Licenses. This Software is available for license solely to individual
owners, with no right of duplication or further distribution, licensing, or sub-licensing.
IF you do not agree to use this program for a trial period then do not download,
install copy or use this software.
2. License Grant. Tekware grants to you a personal, non-transferable and
non-exclusive right to use the copy of this Tekware Software provided with this EULA.
You agree you will not copy the Software except to computers in home.
You agree that you may not copy materials accompanying this software. Modifying,
translating, renting, copying, transferring or assigning all or part of this Tekware Software,
or any rights granted hereunder, to any other persons and removing any proprietary notices,
labels or marks from this Tekware Software is strictly prohibited. Furthermore, you hereby agree
not to create derivative works based on this software. You may not transfer this software.
3. Copyright. This Tekware 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 this will remain the exclusive
property of TekWare, and you will not acquire any rights to this Software,except
as expressly set forth above. All copies of this will contain the same proprietary
notices as contained in the software. All title and copyrights in and to this product
(including but not limited to any images, photographs, animations,
video, audio, music, text and "applets," incorporated into this Tekware product),
the accompanying printed materials, and any copies of this TekWare Product, are
owned by Tekware. This TekWare Product is protected by copyright laws and
international treaty provisions. You may not copy printed materials
accompanying this product.
4. Reverse Engineering. You agree that you will not attempt, and if you are a
corporation, you will use your best efforts to prevent your employees and contractors from
attempting to reverse compile, modify, translate or disassemble this software in whole or in
part. Any failure to comply with the above or any other terms and conditions contained
herein will result in the automatic termination of this license and the reversion of the rights
granted hereunder to the individual owner.
5. Disclaimer of Warranty. This software is provided "AS IS" without warranty of
any kind. TekWare and its suppliers disclaim and make no express or implied
warranties and specifically disclaim the warranties of merchantability, fitness for a particular
purpose and non-infringement of third-party rights. The entire risk as to the quality and
performance of this software is with you. Neither Tekware nor its suppliers
warrant that the functions contained in this software will meet your requirements or that the
operation of this software will be uninterrupted or error-free.
6. Limitation of Liability.The individual owner holds the entire liability and exclusive
remedy under this EULA for expenses incurred from the use of this software. In no event
shall Tekware or its suppliers be liable to you for any consequential, special,incidental or
indirect damages of any kind arising out of the use or inability to use this software,
even if Tekware or the individual owner or its supplier has been advised of the
possibility of such damages, or any claim by a third party.
7. Rental. You may not loan, rent, or lease this software.
8. Upgrades. If this software is an upgrade from an earlier release or previously
released version, you now may use that upgraded product only in accordance with this
EULA. If this is an upgrade of a software program which you
licensed as a single product, this may be used only on multiple computers in a single
family home or one computer in a place of bussiness.
9. No Liability for Consequential Damages. In no event shall Tekware or it's
suppliers be liable for any damages whatsoever (including, without limitation, incidental,
direct, indirect special and consequential damages, damages for loss of business profits,
business interruption, loss of business information, or other pecuniary loss) arising out of the
use or inability to use this Tekware product, even if Tekware has been
advised of the possibility of such damages .If your state does not allow
the exclusion or limitation of liability for consequential or incidental damages
this license is not granted you.
10. Indemnification By You. If you distribute this software in violation of this
Agreement, you agree to indemnify, hold harmless and defend Tekware and its
suppliers from and against any claims or lawsuits, including legal fees that arise or
result from the use or distribution of this Software in violation of this Agreement.
Furthermore you agree to reimburse Tekware for any type of fees they incur in
it's defence for actions for reimbursements you seek should you seek for any type
of damage reimbusements in supporting a third party.
11. If you are the sole owner or license holder of this product you agree not to
hold Tekware responsible for any type of damages that may occur form use of
this software whether it is deemed cosequential or intentional in any form.