SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This license agreement is a legal agreement between you (either an individual or a single entity) and FILEHUNTER SOFTWARE / Roger I. Adams FILEHUNTER SOFTWARE / Roger I. Adams. for the software product identified above, which includes computer software and associated media, and may include printed materials and online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
BY CLICKING ON THE "NEXT" BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON TO TERMINATE THE INSTALLATION PROCESS.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. License. If you have purchased a license to the Software, FILEHUNTER SOFTWARE ("FILEHUNTER SOFTWARE ") grants you a non-exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement. You may use the Software on a single computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. You may review the Documentation, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, FILEHUNTER SOFTWARE grants you a 25 -day non-exclusive license to use the Software, where a day is counted FROM THE DATE THE SOFTWARE IS INSTALLED, free of charge for the purpose of evaluating whether you wish to purchase an ongoing license for the Software.
WARNING: Evaluation copies of the Software will become non-functional after thirty (30) days, FROM THE DATE THE SOFTWARE IS INSTALLED following initial installation on your computer. FILEHUNTER SOFTWARE disclaims all liability and responsibility for any loss of data or other information which may occur as a result thereof.
. GRANT OF EVALUATION LICENSE: FILEHUNTER SOFTWARE / Roger I. Adams. grants you a limited, non-exclusive evaluation license which confers the right to make and distribute copies of the unregistered version of the SOFTWARE PRODUCT. You agree to destroy or erase all unregistered copies of the SOFTWARE PRODUCT upon request of FILEHUNTER SOFTWARE / Roger I. Adams.. You agree that you may not reverse engineer, decompile or disassemble the SOFTWARE PRODUCT. Nothing herein shall be construed as a grant of any license to use or distribute any registered version of the product
DISTRIBUTION OF UNREGISTERED EVALUATION VERSIONS OF THE PRODUCT: You may distribute complete unregistered evaluation copies of the SOFTWARE PRODUCT to third-parties, for the sole purpose of evaluation by them, provided such parties shall agree to be bound by the terms of this Agreement. You may not charge a fee for distributing the unregistered evaluation versions of the SOFTWARE PRODUCT, nor may you distribute same without clearly informing such third-parties that the software, documentation and related materials have not been registered with FILEHUNTER SOFTWARE / Roger I. Adams. and are provided for the limited purpose of evaluation in accordance with the terms of this Agreement to which said third-parties will be bound. Under no circumstances will you use or distribute only a portion of the SOFTWARE; you must provide a full and complete copy of the original software and documentation package.
You may distribute the evaluation version archive and make as many copies as you like provided that it is the official evaluation version archive. You are required to verify this.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
2. Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. You may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement. You agree that the terms of this paragraph apply to the Software or any portion thereof, owned by FILEHUNTER SOFTWARE .
LIMITATIONS ON REVERSE ENGENEERING, DECOMPILATION, AND DISASSEMBLY: You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SEPARATION OF COMPONENTS: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
RENTAL: You may not rent or lease the SOFTWARE PRODUCT.
SOFTWARE TRANSFER: You may not transfer or assign or sub-licence SOFTWARE PRODUCT or this Licence on a permanent or temporary basis to another person, firm or corporation.
DISTRIBUTION OF REGISTERED OR LICENSED VERSIONS OF THE PRODUCT PROHIBITED: You may not, for any purpose, distribute copies of registered or licensed versions of the software, documentation or related materials to any third-parties
3. License to Use Content. All artwork, graphics, icons, media and other files contained in the Software, including without limitation are copyrighted material owned by FILEHUNTER SOFTWARE or its licensors.
4. NETWORK USE: You may access the registered version of the SOFTWARE PRODUCT through a network, provided that the network is owned entirely by You, and is used in the creation of your software programs and/or testing of your programs. However this licence only cover ONE(1) copy of the software product on the WHOLE NETWORK. ADDITIONAL COPIES MUST BE PURCHASED.
5. Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of 40 days, FROM THE DATE THE SOFTWARE IS INSTALLED..
6. Limited Warranty. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, FILEHUNTER SOFTWARE makes no warranties of any kind with respect to the media (if any) on which the Software is furnished, and such media is provided "as is" and without warranties of any kind.
7. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Software and the Documentation is with you. Should the Software or the Documentation prove defective, you (and not FILEHUNTER SOFTWARE or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair.
FILEHUNTER SOFTWARE does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by FILEHUNTER SOFTWARE or by a representative of FILEHUNTER SOFTWARE shall create a warranty or increase the scope of this warranty.
FILEHUNTER SOFTWARE DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety
(90) days from the date you received the Software as shown by your receipt.
8. Limitation of Liability. YOUR SOLE REMEDIES AND FILEHUNTER SOFTWARE 'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL FILEHUNTER SOFTWARE OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NO OTHER WARRANTIES. THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the SOFTWARE PRODUCT may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FILEHUNTER SOFTWARE / ROGER I. ADAMS. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF FILEHUNTER SOFTWARE / ROGER I. ADAMS. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree that FILEHUNTER SOFTWARE and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
In no event will FILEHUNTER SOFTWARE 's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for this product.
9. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as 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. FILEHUNTER SOFTWARE and its suppliers specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.
10. COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by FILEHUNTER SOFTWARE / Roger I. Adams. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
11. THIS IS NOT FREE SOFTWARE.
12. PARTIAL VALIDITY
If any of the above paragraphs is or becomes invalid, this shall not affect the validity of the rest of this license agreement.
13. Governing Law and Interpretation. This Agreement shall be interpreted under and governed by the laws of the State of Victoria and Australia, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
14. Entire Agreement. This Agreement is the complete agreement between FILEHUNTER SOFTWARE and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
If you have any questions concerning this Agreement, you may write to FILEHUNTER SOFTWARE Development, 22 Bridge Street Hampton, Victoria- Australia Or contact Roger Adams. at email@example.com
or goto http://www.filehunter.com/
FileHunter is 32-bit software, running under
It will not run under Windows 3.1 or WfW 3.11 or 95.
(c) Filehunter Software and Roger I. Adams