End user agreement for ByteOMeter
PLEASE READ THIS AGREEMENT CAREFULLY
End User License Agreement (EULA)
This license agreement is a legal agreement between you the end user (either as an individual or an entity) and FortaWare. The software and any of its supporting documentation are herein after referred to as the Product .
By installing or using the Product, you indicate your unconditional acceptance of these terms and conditions. If you do not agree to the terms and conditions of this agreement promptly remove the Product form your computer and destroy associated documentation.
Should there be any conflict between the terms and conditions of this agreement and the terms and conditions of any other agreement between you and FortaWare or their servants or agents in relation to the Product, the terms and conditions of this agreement shall apply.
If any provision of this agreement is found to be unlawful or void then that provision shall be severed from this agreement and will not affect the validity and enforceability of the remaining provisions.
Information contained in the Product is subject to change without notice and does not represent a commitment or contracted obligation on the part of FortaWare.
(C) 2005 FortaWare. All rights reserved.
The Product is owned by FortaWare. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Product. The Product is licensed, not sold. All rights in the Product including License Agreement, copyrights, licensing rights, patents, trademarks, trade secrets, design rights, engineering rights, moral rights, and any other intellectual property rights belong to FortaWare. These rights are not transferred as part of this agreement.
No part of the Product, including the license key(s), may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the purchaser's personal use, without the express written permission of FortaWare.
Evaluation License Agreement
This Evaluation License Agreement grants you a non-exclusive License to use the Product for an evaluation period of thirty (30) days from the date you install the Product.
On the thirty-first (31) day after you installed the Product you must either register the Product by means of purchasing a commercial License Agreement from FortaWare, or continue using the Product in a version where functionality is limited.
The Product is licensed, not sold, to you for your use only under the terms of this agreement, and FortaWare reserves all rights not expressly granted to you. You own the media, if any, on which the Product is stored, but FortaWare retains ownership of all copies of the Poftware itself.
Limitations of Use
You are expressly forbidden from making alterations or modifications to, adapt, de-compile, disassemble, reverse engineer, or attempt to discover the source code without the expressed written permission from FortaWare. You are expressly forbidden from using any part of the Product in life critical applications. You may not modify, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Product.
Limitations of Liability
The Product is provided to You "As Is".
Under no circumstances, including, but not limited to, negligence, shall FortaWare or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use the Product.
FortaWare and its suppliers and licensors expressly disclaim any and all warranties and representations of any kind with regard to any subject matter of this agreement, including, without limitation, any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory. No oral or written information or advice given by FortaWare, its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.
FortaWare makes no claims, promises or guarantees about the accuracy or completeness of the data presented within the Product and expressly disclaims liability for errors or misrepresentatations in the contents of the Product.
FortaWare does not warrant that the Product will be error-free or that such errors will be corrected and you
are solely responsible for all costs and expenses associated with rectification, repair and/or damage caused by
errors. Therefore, the Product may contain errors, bugs and/or other problems or limitation.
You may terminate this Licence at any time by destroying/uninstalling the Product and all copies of it.
FortaWare may in its sole discretion terminate this License at any time, and without notice to you, in
the event that you are or FortaWare suspects that you are in breach of any of the terms of the License
including, without limitation, infringing any Intellectual Property Rights of any third party.
© 2003-2005, FortaWare. All rights reserved. FortaWare, ByteOMeter, and the ByteOMeter icons are trademarks of FortaWare. All other trademarks are properties of their respective owners.