End user agreement for Hardware Inspector Client/Server
HARDWARE INSPECTOR END USER LICENSE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF A LEGAL ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT REGARDING YOUR USE OF THE SOFTWARE.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
THIS IS A CONTRACT BETWEEN YOU AND DATABASE HARBOR SOFTWARE.
This License Agreement accompanies Database Harbor's Software (the «Author») and related explanatory materials and extends to any upgrades, modified versions, updates, additions, and copies of the Software licensed to You by the Author. This copy of the Software is licensed to You as the end user or to your employer and/or principal or another third party authorized to permit your use of the Software.
The Software is protected by applicable national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. The Author retains all the rights, which are not expressly granted to You according to the present License Agreement.
"Software" means Hardware Inspector including but not limited to object code, source code, documentation and associated media and printed materials.
"You" means an individual and/or a legal entity exercising rights under, and complying with all of the terms of, this License.
The "Author" means Database Harbor Software, the company that owns exclusive rights to the Software.
Subject to the restrictions contained in this Section 4, the Author grants to You a non-exclusive, non-assignable, royalty-free license to use the items of the Software during the evaluation period of 30 days. The validity term of this license can be extended for unlimited time period by means of payment. Upon expiration the program is due to be removed from your system by You.
3. RIGHTS GRANTED BY THE PRESENT LICENSE
According to the present License Agreement You are entitled to:
a. Install/use the Software on any number of computers within Your (one) organization;
b. Copy the Software solely for backup or archival purposes.
4. LICENSE RESTRICTIONS
You DO NOT have the right to:
a. Install/use the Software outside Your (one) organization;
b. Sublicense the Software;
c. Copy the Software, in whole or in part, except as provided in this Agreement;
d. Reverse engineer, decompile, or disassemble the Software except for the cases and only to the extent when it is directly allowed by the applicable law. At that, You shall first request the Author in writing to provide You with the necessary information, which You want to obtain as a result of reverse engineering, decompiling, or disassembling the Software. The Author has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to the Author at the address provided in the Software or such other address as may be made available on from time to time;
e. Modify, or create derivative works based upon the Software in whole or in part;
f. Remove any proprietary notices or labels on the Software;
g.Resell, lease, rent or otherwise transfer rights to the Software, as provided by this License;
h. Transfer the Software to any third party;
i. Use of the Software does not grant You any other rights to use other products of the Author , except for the rights stipulated by the corresponding licenses to these products;
5. TECHNICAL SUPPORT
Registration gives you the right to use the program after the 30-day trial period, receive technical support and use features available only for registered users.
6. AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT
This License Agreement is effective until terminated. Database Harbor has the right to terminate this license at any time immediately if You are in breach of any of its terms and conditions. Upon any such termination You must stop using the Software and return all full and partial hard copies of the items in the Software immediately to the Author as well as destroy all electronic copies of the above items. The Author is entitled to change conditions of the distribution of the Software at any time.
You have a right to terminate the present License Agreement in any time other then by terminating any use of the Software and by destroying all copies of it, which are at your disposal.
7. SALES POLICY
The Author has a NO REFUND sales policy. All sales of licenses are FINAL.
Before purchasing a license, you are provided a 30-day evaluation period to determine whether the Software fits your business needs, works on your computer, and provides the benefits for which you will purchase the Software license. If you are using the Software under the control of an Evaluation license, you as an individual may use the Software only for internal evaluation purposes and only for the term of the evaluation time period. No exceptions can be made to this policy.
8. DISCLAIMER OF WARRANTY: YOU AGREE THAT THE AUTHOR HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. THE AUTHOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
THE AUTHOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
9. LIMITATION OF LIABILITY: You assume the entire risk of using the program. The Author's and its suppliers' entire liability and your exclusive remedy shall be, at the Author's option, either (a) return of the price, if any, or (b) repair or replacement of the software product which is found defective and which is returned to the Author with a copy of your receipt within 30 days after the date of installation. This warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
IN NO EVENT SHALL THE AUTHOR BE LIABLE TO YOU FOR ANY CLAIM OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF THE SOFTWARE, OR OTHER DEALINGS IN THE SOFTWARE.
10. GOVERNING LAW.
This Agreement shall be interpreted and construed according to, and governed by, the laws of the country of the Author, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in the country of the Author shall have jurisdiction to hear any dispute under this Agreement.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
You agree that this is the entire agreement between You and the Author, which supercedes any prior agreement, whether written or oral, and all other communications between the Author and You relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by DATABASE HARBOR.
(c)Copyright 2002-2005 DATABASE HARBOR SOFTWARE. All rights reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation.