End user agreement for VarySafe
License Agreement for VarySafe
As part of the installation process, you will be asked to accept the terms of this Software License Agreement (the "Agreement"). This Agreement is a legal contract that specifies the terms of the license and warranty and liability limitations between you and Cheewoo Engineering (Software development company located in 901, 21 Century City , Daeyeon Dong, Pusan, South Korea, in the internet web site URL http://www.cheewoo.com ) for the VarySafe software and related documentation. You should carefully read the following terms and conditions before installing or using the Software. Unless you have entered into a separate written license agreement signed by Cheewoo Engineering providing otherwise, installation or use of the Software confirms your acceptance of the Software and indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, promptly delete and destroy all copies of the Software and related documentation in your possession.
Version of the Software
The VarySafe Software you download is a demo version. Both the registered and the demo versions of the Software are subject to the terms and conditions of this Agreement. It is still subject to the restrictions set forth below.
UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Evaluation and Registration
Subject to the terms below, you are hereby licensed to use VarySafe software for evaluation purposes without charge for a period of thirty (30) days. If you use this software after the 30 day demo period, purchasing registered version is required.
License to Use
If you properly register the VarySafe software, Cheewoo Engineering grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use one copy of the Software either (1) by a single person who uses the Software personally on one or more computers, or (2) by multiple people non-simultaneously on a single workstation, but not both. You may access the registered version of the Software through a network, provided that you are the only person who may use the Software or you have obtained individual licenses for the Software covering all workstations that will access the Software through the network. For instance, if eight different workstations will access the Software on the network, each workstation must have its own Software license, regardless of whether the workstations access the Software at different times or concurrently.
No Additional Rights or Licenses
This Software is confidential and copyrighted. You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the Software (as an independent work and as an underlying work serving as a basis for any application you may develop) and derivative works thereof (including without limitation, any works based on all or part of the Software and derivative works thereof) and related documentation remain the sole and exclusive property of Cheewoo Engineering or its licensors.
You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This Agreement does not authorize you to use Cheewoo Engineering's (or its licensor's) name or any of its (or its licensor's) trademarks (which include, but are not limited to Cheewoo Engineering, VarySafe or VarySafe logo.)
Term and Termination
If you have acquired VarySafe as a demo version, the license granted herein shall automatically terminate thirty (30) days after you first install such software. Subsequent downloads, installations or use of the demo version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the registered version will continue until it is terminated. Cheewoo Engineering may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly destroy all copies of the Software and related documentation covered by the license.
Warranty and Remedies
CHEEWOO ENGINEERING PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION AND REGISTERED VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE EVALUATION VERSION AND REGISTERED VERSION ARE PROVIDED "AS IS."
Because programs such as this are inherently complex, Cheewoo Engineering does not warrant that the Software is error-free or will operate without interruption. Furthermore, Cheewoo Engineering does not warrant that the Software will work with any given database, network or network application.
The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Cheewoo Engineering specifically disclaims any express or implied warranty of fitness for such purposes.
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
IN NO CASE SHALL CHEEWOO ENGINEERING OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF CHEEWOO ENGINEERING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL CHEEWOO ENGINEERING'S LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO CHEEWOO ENGINEERING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
This limitation on liability, and the disclaimers of warranties contained in the previous section, inure to the benefit of Cheewoo Engineering's licensors.
The limited warranty, exclusive remedies and limited liability are fundamental elements of the basis of the Agreement between Cheewoo Engineering and you. Cheewoo Engineering would not be able to provide the Software on an economic basis without such limitations.
Distribution of Evaluation Version
Provided that you verify that you are distributing the evaluation version, you are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
If you have purchased a license of the VarySafe software and receive the serial number from Cheewoo Engineering , you agree that you must keep this serial number as a confidential data and must not distribute it to any other persons and/or parties.
This Agreement shall be governed by and interpreted under the laws of the South Korea without reference to its conflicts of laws principles.
This Agreement is the complete agreement between you and Cheewoo Engineering concerning the Software and related documentation and supersedes all proposals, oral or written, all negotiations, conversations or discussions between or among the parties relating to the subject matter of this Agreement and all past dealing or industry custom. You expressly agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Cheewoo Engineering to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
No Cheewoo Engineering dealer, agent or employee is authorized to make any amendment to this Agreement.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
If you have any questions concerning this Agreement or the Software or related documentation, you may contact firstname.lastname@example.org