End user agreement for 'Span Floppies' Floppy disk backup and restore
'Span Floppies' - PRODUCT LICENSE INFORMATION
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO
YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
- YOU CLICK THE "I AGREE"; BUTTON, OR
- YOU COPY, INSTALL, OR USE THIS COPY OF THE SOFTWARE, OR
- YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION
IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE
"SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE
IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS
LICENSE GRANT. Argile Consulting grants you a license to use
one copy of the version of this SOFTWARE on any one hardware
product for as many licenses as you purchase. "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 or disable any licensing or control features of the
SOFTWARE except as an intended part of the SOFTWARE's
programming features. When you first obtain a copy of the
SOFTWARE, you are granted an evaluation period of not more
than 30 days, after which time you must pay for the SOFTWARE
according to the terms and prices discussed in the SOFTWARE's
documentation, or you must remove the SOFTWARE from your
computer. This license is not transferable to any other
hardware product or other company, entity, or individual.
OWNERSHIP. The SOFTWARE is owned and copyrighted by Argile
Consulting. Your license confers no title or ownership in the
SOFTWARE and should not be construed as a sale of any right in
COPYRIGHT. The SOFTWARE is protected by United States
copyright law and international treaty provisions. 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 Argile Consulting 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.
REVERSE ENGINEERING. You agree that you will not attempt to
reverse compile, modify, translate, or disassemble the
SOFTWARE in whole or in part.
UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,
modify, decompile, disassemble, otherwise reverse engineer, or
transfer the SOFTWARE except as provided in this agreement.
Any such unauthorized use shall result in immediate and
automatic termination of this license.
BUNDLING. In no case may this product be bundled with
hardware or other non-shareware software without written
permission from Argile Consulting (P.O. Box 4344, Kodiak, AK
All distribution of SOFTWARE is further restricted with regard
to sources which also distribute virus source code and related
virus construction/creation materials. The SOFTWARE may not
be made available on any site, CD-ROM, or with any package
which makes available or contains viruses, virus source code,
virus construction programs, or virus creation material.
Consult the PAD_FILE.XML file in the original distribution
files for all distribution requirements. It is hereby
incorporated by reference. Any distribution satisfying all the
distribution requirements expressed in that text and data
record is hereby authorized. In no case will this program be
distributed without its PAD_FILE.XML file.
Permission to distribute the SOFTWARE is not transferable,
assignable, saleable, or franchisable. Each entity wishing to
distribute the package must independently satisfy the terms of
the distribution license.
You agree that the SOFTWARE will not be shipped, transferred
or exported into any country or used in any manner prohibited
by the United States Export Administration Act or any other
export laws, restrictions or regulations.
U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure
by the U.S. Government of the computer software and
documentation in this package shall be subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The
Contractor is Argile Consulting, P.O. Box 4344, Kodiak, AK
NO OTHER WARRANTIES. ARGILE CONSULTING DOES NOT WARRANT THAT
THE SOFTWARE IS ERROR FREE. ARGILE CONSULTING 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 ALSO HAVE
OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. ARGILE CONSULTING DISCLAIMS ALL WARRANTIES RELATING TO
THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER ARGILE CONSULTING
NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF ARGILE
CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY
IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
FEE PAID TO ARGILE CONSULTING.
SEVERABILITY. 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
ARGILE CONSULTING 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 ARGILE CONSULTING HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ARGILE
CONSULTING'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE
PAID BY YOU, IF ANY.
GOVERNING LAW. This agreement shall be governed by the laws
of the State of Alaska excluding the application of its
conflicts of law rules and shall inure to the benefit of
Argile Consulting and any successors, administrators, heirs
and assigns. Any action or proceeding brought by either party
against the other arising out of or related to this agreement
shall be brought only in a STATE or FEDERAL COURT of competent
jurisdiction located in Kodiak Island Borough, Kodiak, Alaska.
The parties hereby consent to in personam jurisdiction of said
courts. This agreement will not be governed by the United
Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.
INSPECTION AND TESTING. You agree and acknowledge that you
will thoroughly inspect and test the SOFTWARE for all of your
purposes upon commencement of your use. Any suit or other
legal action, claim or any arbitration relating in any way to
this agreement or software covered by it must be officially
filed or officially commenced no later than three months (90
days) after your first use of the software.
ENTIRE AGREEMENT. This is the entire agreement between you
and Argile Consulting which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
RESERVED RIGHTS. All rights not expressly granted here are
reserved to Argile Consulting.