End user agreement for Gantt Designer
LICENSE TO USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF GANTT DESIGNER SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
GANTT DESIGNER SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the Gantt Designer software package with which this Agreement is included by Timios Ideas.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary.
In order to qualify for the free use license described below, you must have downloaded or received Gantt Designer in the form of an original distribution package as distributed by Timios Ideas, including all files contained in such package ("Original Distribution Package").
Current Original Distribution Packages for Gantt Designer are available from http://timios.net/Gantt.
Copies of Gantt Designer not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
· install and use Gantt Designer free of charge, for the purpose of creating Gantt charts.
· provide you register and install a key file, save Gantt charts you create.
· store, and distribute and transmit to others, the data files created in Gantt Designer file format(s) by proper use of this version of Gantt Designer ("proper use" is defined below).
"Proper use" of Gantt Designer is use of the program fully in accordance with Timios Ideas guidelines, as such guidelines may be changed, clarified or corrected by Timios Ideas from time to time.
If you have any questions as to proper use of this program, or other guidelines regarding use of the terms, you may contact Timios Ideas via the contact information available at http://timios.net/Gantt.
(c) You may not:
· permit others to use this Gantt Designer program unless they are properly licensed by Timios Ideas, either under this Agreement or another agreement from Timios Ideas.
· modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on this Gantt Designer program.
· copy Gantt Designer except as described above.
· sell or license copies of Gantt Designer to others.
· remove any proprietary notices or labels on the Gantt Designer software.
· use Gantt Designer in or for High Risk Activities (defined below)
(d) All rights not expressly granted by Timios Ideas in this Agreement are entirely and exclusively reserved to Timios Ideas.
4. SUPPORT. Gantt Designer contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.
5. GANTT DESIGNER FILE FORMAT AND OTHER LICENSES.
(a) The Gantt Designer file formats are data file formats that are owned by solely by Timios Ideas, and specified and changed from time to time solely by Timios Ideas.
(b) This Gantt Designer program, as distributed in this Original Distribution Package and when properly used as designated solely by Timios Ideas, is intended to create data files in Gantt file format(s) endorsed by Timios Ideas at the time this Original Distribution Package was first made publicly available.
Timios Ideas reserves the right to change any file format at any time at its sole discretion.
6. DISCLAIMER OF WARRANTY.
TIMIOS IDEAS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST GANTT DESIGNER BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING GANTT DEISGNER AND DISTRIBUTING FILES CREATED THROUGH USE OF GANTT DESIGNER, AND THAT IF YOU USE GANTT DESIGNER, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GANTT DESIGNER IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TIMOS IEAS, OR ITS OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF GANTT DESIGNER, FILES CREATED USING GANTT DESIGNER, OR YOUR RELATIONSHIP WITH TIMIOS IDEAS.
Timios Ideas or its licensors own the Gantt Designer software, all other materials in this Gantt Designer Original Distribution Package and the Gantt Designer File Format, under the copyright, trademark, and trade secret laws and all other laws that may apply.
The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Gantt Designer software and all other materials in this Gantt Designer Original Distribution Package and, at Timios Ideas' sole discretion, any or all of the files created by you using Gantt Designer and distributed to others.
10. HIGH RISK ACTIVITIES.
Gantt Designer 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 Gantt Designer could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").
Timios Ideas and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Timios Ideas.
Waiver by Timios Ideas of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision.
This Agreement and any dispute relating to Timios Ideas or to this Agreement shall be governed by the laws of the Republic of Singapore.
You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Timios Ideas or the matters in this Agreement shall be exclusively in courts located in Singapore.
If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed.
There are no third party beneficiaries of any promises, obligations or representations made by Timios Ideas herein.