End user agreement for Abilities Builder Matching Tests
FREE USE LICENSE
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 PADGEN SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS PADGEN
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 PADGen software package ("PADGen") with which this Agreement is
included by the Association for Shareware Professionals ("ASP").
Different license terms may apply to other software packages or other
materials from ASP, and license terms for later versions of PADGen may
also be changed.
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 PADGen in the form of an original PADGen distribution package
as distributed by ASP, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for PADGen are available from ASP and ASP-authorized PADGen
distributors. Copies of PADGen 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 PADGen free of charge, for the purpose of creating,
changing, storing, distributing and transmitting software description
data files in PAD file format(s).
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of PADGen to others, as
long as it is deemed current by ASP.
· store, and distribute and transmit to others, the software
description data files created in PAD file format(s) by proper use of
this version of PADGen ("proper use" is defined below).
· describe and designate the software description data files created
in PAD file format(s) by proper use of this version of PADGen
program ) to others as "PAD" or "Portable Application Description"
"Proper use" of PADGen is use of the PADGen program fully in
accordance with ASP guidelines, as such guidelines may be changed,
clarified or corrected by ASP from time to time. If you have any
questions as to proper use of this PADGen program, or other guidelines
regarding use of the terms "PAD" or "Portable Application
Description", you may contact ASP via the contact information included
in this Original Distribution Package.
(c) You may not:
· permit others to use this PADGen program unless they are properly
licensed by ASP, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this PADGen program.
· copy PADGen except as described above.
· sell or license copies of PADGen to others.
· remove any proprietary notices or labels on PADGen or any other ASP
· use PADGen in or for High Risk Activities (defined below)
(d) All rights not expressly granted by ASP in this Agreement are
entirely and exclusively reserved to ASP.
4. SUPPORT. PADGen contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. PAD FILE FORMAT AND OTHER LICENSES.
(a) The PAD file formats are data file formats that are owned by
solely by ASP, and specified and changed from time to time solely by
(b) This PADGen program, as distributed in this Original Distribution
Package and when properly used as designated solely by ASP, is
intended to create data files in PAD file format(s) endorsed by ASP at
the time this Original Distribution Package was first made publicly
available by ASP. ASP reserves the right to change any PAD file
format at any time at its sole discretion.
(c) You acknowledge and agree that it may become necessary to use
software other than this version of PADGen to create files that may be
referred to publicly by you or others as "PAD" or "Portable
Application Description" files in the future.
(d) If you wish to create PAD format files without using this PADGen
software, there are other ways to do so. For instance, you may build
your own data files in conformance with the then-current PAD file
format specification(s) published by ASP, and distribute those files
under the free, general public license to use the PAD file format, as
published by the ASP.
(e) All use and distribution of PAD format files is subject to
license from the ASP. If you have any questions as to current
specifications or license terms for PAD file format(s), you may
contact ASP via the contact information included in this Original
6. DISCLAIMER OF WARRANTY. ASP 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 PADGEN BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING PADGEN AND DISTRIBUTING FILES CREATED THROUGH
USE OF PADGEN, AND THAT IF YOU USE PADGEN IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PADGEN
IS BORNE BY YOU. 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.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ASP, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF PADGEN, FILES
CREATED USING PADGEN, OR YOUR RELATIONSHIP WITH ASP. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the 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, as applicable, and
in similar clauses in the NASA FAR Supplement.
9. TITLE. ASP or its licensors own the PADGen software, all other
materials in this PADGen Original Distribution Package, the PAD File
Format, and the names and marks "ASP", "PAD", "Portable Application
Description" and "PADGen", under the copyright, trademark, and trade
secret laws and all other laws that may apply.
10. TERMINATION. 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
PADGen software and all other materials in this PADGen Original
Distribution Package and, at ASP's sole discretion, any or all of the
files created by you using PADGen and distributed to others.
11. HIGH RISK ACTIVITIES. PADGen 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 PADGen
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). ASP and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
12. 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 ASP. Waiver by ASP 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 PADGen or to
this Agreement shall be governed by the laws of the United States and
the laws of the State of Washington, without regard to U.S. or
Washington choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to ASP or the matters in this Agreement shall be
exclusively in courts located in Washington. 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 ASP herein.