End user agreement for Animated Chart
ANIMATED CHART LICENSE AGREEMENT
LICENSE TERMS FOR ANIMATED CHART
Please read this License Agreement before using this software. By using this software, you are agreeing to be bound by the terms of this License. If you do not agree to these terms, promptly cease all further installation or use of the software.
In this Agreement, "AUTHOR" means "FeatherySoft Inc.", the author of this software; "LICENSEE" means you, the licensee of the software; "SOFTWARE" means the Animated Chart, being understood that Animated Chart is a commercial product, including any technology and utility software licensed by AUTHOR with all accompanying documentation.
In consideration of your undertaking to comply with the terms and conditions of this License Agreement, AUTHOR grants you, LICENSEE, a non-exclusive license to use the Software and to view the documentation on a single computer system. It is also agreed that the License granted to the LICENSEE pertaining to Animated Chart is non-transferable. LICENSEE may not use the Software on a network server or on more than one computer terminal at the same time. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights, functions or licenses in respect of the Software.
COPYRIGHT AND RESTRICTIONS ON USE
The Software contains copyrighted material and, in its human readable form, it contains trade secrets and proprietary information owned by or licensed to AUTHOR. Title to and ownership of the Software and the documentation that accompanies the Software and all intellectual property rights in the Software and said documentation are and shall remain the sole property of AUTHOR and/or his licensors.
LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce it to human readable form. LICENSEE may not modify, rent, lease or loan the Software. LICENSEE may not create derivative software based upon any trade secret or proprietary information of the Author and/or his licensors. LICENSEE may not sub-license, assign or transfer this License. LICENSEE may not copy the printed information in the package. LICENSEE may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of the Author or any of his licensors or take any other action which impairs or reduces the trademark rights of the Author or of his licensors.
LICENSEE may make one copy of the Software for backup or archival purposes, provided that LICENSEE duplicates the copyright notice and other identifying information on the disk's label and affix such notice to the backup copy. LICENSEE may print a copy of the documentation from the disk only for LICENSEE's use for the sole purpose of operating the Software.
LICENSEE further acknowledges that this License is not a sale or an assignment of the Author and/or his licensor's intellectual property rights in the Software and the accompanying documentation and that Author and his licensors continue to own title to the Software and copyright to the printed information.
SPECIAL DISTRIBUTION RIGHTS
The Animated Chart Software may be freely distributed, provided that:
1. Such distribution included only the original archive supplied by the Author. You may not alter, delete or add any files in the distribution archive.
2. The distribution does not include a registration number. In particular, you may not distribute a registered piece of software.
3. No money is charged to the person receiving the Animated Chart Software, beyond reasonable cost of packaging and other overhead.
Author does not warrant, guarantee or make any representations that the functions contained in the Software will meet LICENSEE's requirements or that the operation of the Software will be uninterrupted or error-free. Any other Software and any hardware furnished with or accompanying the Software is not warranted by Author.
LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST THE AUTHOR AND/OR HIS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUTHOR AND/OR OR HIS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT AUTHOR AND/OR ANY OF HIS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
US GOVERNMENT USE
Use, duplication or disclosure of the Software by the U.S. Government is subject to "Restricted Rights", as that term is defined in the Department of Defense ("DOD") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1)(ii) if to the DOD, or, if the Software and/or accompanying information is supplied to any unit or agency of the U.S. Government other than DOD, the Government's rights in the Software and/or accompanying information shall be as defined in subparagraphs (c)(1) or (c)(2) of FAR 52.227-19, Commercial Computer software -Restricted Rights; or FAR 52.227-14, Rights in General Data Alternative III, as applicable.
This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must stop using the Software, erase or destroy all copies of the Software, and destroy all printed information provided with the Software.
This agreement constitutes the entire agreement between you and Author and supersedes any other prior agreements or communications regarding the Software. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect.
LANGUAGE OF AGREEMENT
LICENSEE agrees that this agreement be drafted in the English language.
Copyright (C) by FeatherySoft, Inc. 2006.
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