End user agreement for SocketWrench Freeware Edition
This License Agreement is a legal agreement between you, either as an individual or a single entity ("Developer"), and Catalyst Development Corporation ("Catalyst") for the software product identified as "SocketWrench Freeware Edition" ("Software" or "Software Product"). The Software Product includes executable programs, redistributable modules, controls, and dynamic link libraries ("Components" or "Software Components"), electronic documentation, and may include associated media and printed materials.
Installing this Software Product on to a hard disk or any other storage device of a computer, or loading any of the Components into the memory of any computer, constitutes use of the Software and shall acknowledge your acceptance of the terms and conditions of this License Agreement and your agreement to bound thereby.
1. GRANT OF LICENSE
Catalyst grants you as an individual, a personal, non-exclusive, non-transferable license to install the Software Product. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to redistribute it freely, provided that the Software is redistributed in its original unmodified form, complete with all files, and no fee is charged for such distribution except for reasonable media and shipping charges.
Catalyst reserves all right, title, and interest in and to the Software Product including, but not limited to, all copyrights in any executable programs, modules, controls, libraries, electronic documentation, text and example programs. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that you may copy and redistribute the Software in accordance with this License.
The Developer does retain the right to sell or distribute an unlimited number of end-user programs that contain or otherwise access the Software, so long as the primary purpose of the included routines is to augment the programs being sold or distributed. The developer may not distribute any source modules, header files or import libraries that comprise the Software. The developer may not distribute programs that utilize Catalyst components if those programs are part of a programming toolkit or other application which will be redistributed or resold by the developer's customers. The developer agrees to include a valid copyright notice on all programs distributed with Catalyst components, and agrees to indemnify, hold harmless and defend the copyright holder against any claims or lawsuits, including attorney's fees, that arise from the distribution of the end-user programs. The Software is free of royalty and/or subsequent licensing fees in accordance with the above stated conditions.
4. OTHER RESTRICTIONS
You may not rent or lease the Software. You may not reverse engineer, decompile or disassemble the Software, except to the extent applicable law expressly prohibits the foregoing restriction. Without prejudice to any other rights, Catalyst may terminate this License Agreement if you fail to comply with the terms and conditions of the agreement. In such event, you must destroy all copies of the Software Product.
5. NO WARRANTY
THIS SOFTWARE IS LICENSED FREE OF CHARGE AND IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL CATALYST OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITH LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY OF THIS CATALYST PRODUCT, EVEN IF CATALYST HAS BEEN ADVISED OF SUCH DAMAGES. CATALYST ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ERRORS IN THE PROGRAMS OR DOCUMENTATION, OF/FOR THE CONSEQUENCES OF ANY SUCH ERRORS. THE LAWS OF THE STATE OF CALIFORNIA GOVERN THIS AGREEMENT.
You shall defend, indemnify and hold harmless Catalyst, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software.
The license granted hereunder is effective until terminated by Catalyst. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of anyone who has received rights to the Software through you so long as they are in compliance with the provisions of this Agreement.
9. GOVERNMENT-RESTRICTED RIGHTS
United States Government Restricted Rights. The Software and related documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purposes is Catalyst Development Corporation, 56925 Yucca Trail, PMB 254, Yucca Valley, CA 92284
10. EXPORT CONTROLS
You agree to comply with all relevant regulations, including but not limited to those, of the United States Department of Commerce and with the United States Export Administration Act to insure that the Software is not exported in violation of United States law. You acknowledge that the Software is subject to export regulations and agree that you will not export, re-export, import or transfer the software in violation of any United States or other applicable laws, whether directly or indirectly, and you will not assist or facilitate others in doing so. You acknowledge that you have the responsibility to obtain any export classifications and licenses as may be required to comply with such laws.
11. PROHIBITED DESTINATIONS
The exportation, re-exportation, sale or supply of Catalyst products, software components or documentation, directly or indirectly, from the United States or by a United States citizen wherever located, to Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods, is strictly prohibited without prior authorization by the United States Government. You represent and warrant that neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. Catalyst products, software components or documentation may not be exported or re-exported to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce Denied Person's List or Entity List.
12. GOVERNING LAW
This License is governed by the laws of the State of California, without reference to conflict of laws principles. The exclusive jurisdiction and venue for any action arising from or relating to this agreement shall be in a court of competent jurisdiction in San Bernardino County, California. In addition to any other relief granted the prevailing party shall be entitled to recover its attorney's fees and costs. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. The parties acknowledge that any breach of this agreement may result in irreparable harm to Catalyst Development Corporation, thereby entitling Catalyst to injunctive relief for any such breach in addition to any other rights or remedies that Catalyst may have. This Agreement is the entire agreement between you and Catalyst and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this License is held invalid, the remainder of this License shall continue in full force and effect.