End user agreement for ResellerPower
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY DELETE IT FROM YOUR SYSTEM.
The enclosed software, files, documentation and related materials (collectively the "Software") are licensed, not sold, to you by dSoft, Inc. ("Author") for use only under the terms of this License, and Author reserves any rights not expressly granted to you. You own the media on which any Software is recorded or fixed, but Author and its licensors retain ownership of the enclosed Software itself.
1. License. Subject to the terms and conditions of the License. dSoft, Inc. grants you the following licenses:
(a) RESELLERPOWER SINGLE USER. dSoft, Inc. grants you a nonexclusive, nontransferable license to use one copy of the Software on a single computer. Licensee agrees to pay the registration fee to continue using the Software past the 30 day trial period or you agree you will delete the Trial version from your system once the 30 day period has expired.
(b) Use. To "use" the Software means the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). You may make one copy of the Software in machine readable form for backup purposes.
(c) Technical Documentation. dSoft, Inc. grants toy a nonexclusive, nontransferable license to use one copy of the Technical Documentation on a single computer at a time, and to print out a single copy of such documentation for your personal use. Except as expressly provided in this software license, you may not otherwise use, copy or distribute the Technical Documentation.
(d) Proprietary Notice. The Software is protected by copyright law. As an express condition of this License, you must reproduce on each copy the Authors copyright notice and any other proprietary legends that were on the original copy supplied by the Author. The Licensee will not remove or obscure any copyright or trademark notices on the software or documentation.
2. Restrictions. WITHOUT LIMITATION, YOU MAY NOT USE, COPY, MODIFY OR DISTRIBUTE THE SOFTWARE FOR USE IN ANY WAY WITHOUT WRITTEN PERMISSION FROM AUTHOR. EXCEPT AS SPECIFICALLY SET FORTH IN THIS LICENSE. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, DISTRIBUTE, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF THE SOFTWARE WITHOUT WRITTEN PERMISSION FROM AUTHOR.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from dSoft or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials, and all copies thereof. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof.
4. Limited Warranty and Disclaimer. THE SOFTWARE IS LICENSED "AS IS." THE AUTHOR AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOLUTIONS AND ANY ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT ANY WARRANTY IS IMPOSED BY LAW, AUTHOR'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY WILL BE, AT THE AUTHORS' OPTION, REPLACEMENT OF THE SHIPPED MEDIA, REFUND OF THE PURCHASE PRICE, OR REPAIR OR REPLACEMENT OF THE SOFTWARE.
5. Limitation of Remedies and Damages. In no event will the Author, or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Solutions or accompanying written materials, regardless of the basis of the claim and even if the Author or a Author's representative has been advised of the possibility of such damage. Author's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of U.S.$25 or the money paid for the Software that caused the damages.
6. General. This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government end-user, this License of the Software conveys only "RESTRICTED RIGHTS", and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).