End user agreement for Comtun Pro
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY LINKBYTE SOFTWARE,INC. ("LINKBYTE"). BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK THE "NO" BUTTON OR THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.
LINKBYTE END USER LICENSE AGREEMENT
Linkbyte Software, Inc grants you a 30 day evaluation license to use the Software free of charge. If you want to use the software after evaluation is expired, you must purchase a commercial license to this version of the Software. Both licenses are subject to the terms and conditions of this Agreement and are non-exclusive and non-transferable.
If you are using the Software free of charge under the terms of this Agreement, you are not entitled to be supported.
DISCLAIMER OF WARRANTY. Software is provided on an "AS IS" basis, without warranty of any kind, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Software and the accompanying documentation. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SCOPE OF GRANT. You may:
· use the Software on ONE computer during the 30 day evaluation period.
. subject to the payment of the applicable license fees, use the Server component of the Software on ONE computer and use the Manager component of the Software on ANY computer.
· copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
You may not:
· distribute, repackage, resell the software to third parties or individuals.
· continue to use the Software without purchasing the commercial license after the evaluation is expired.
· permit other individuals to use the Software after the evaluation is expired.
· modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
· rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
· remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Linkbyte Software, Inc. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERM. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. The Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LINKBYTE SOFTWARE,INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, NETWORK SHUTDOWN, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL LINKBYTE SOFTWARE,INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LINKBYTE SOFTWARE,INC. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LINKBYTE SOFTWARE, INC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). LINKBYTE SOFTWARE,INC. and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the Commonwealth of GEORGIA. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Linkbyte Software,Inc.