YOU, THE LICENSEE OF THE SOFTWARE PROVIDED BY JOHN HNIDEC MUST CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE UTILIZING SAID SOFTWARE. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOLLOWING PLAIN ENGLISH LICENSE AGREEMENT.

1. RESTRICTIONS

You may not in any way, reverse-engineer, decompile, or disassemble the SOFTWARE except to the extent such foregoing restriction is expressly prohibited by applicable law. You may not in any way or form, use these components for the development and/or used in the creation of, or as part of, additional components.

2. GRANT OF LICENSE EVALUATION VERSIONS

John Hnidec grants all unregistered users of his components a thirty (30) day license to evaluate the components' suitability for a given task, subject to the restrictions in Section 1.

3. COPYRIGHT

John Hnidec's components are protected by Australian and international copyright laws. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording). Publishing or distribution, in part or in whole of any components or any accompanying written material is strictly prohibited beyond the purposes described in this Agreement.

4. DISCLAIMER OF WARRANTY FOR EVALUATION VERSION

Evaluation Software is provided on an "AS IS" basis, without express or implied warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not John Hnidec assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.

5. LIMITED WARRANTY FOR PURCHASED COMPONENTS

John Hnidec warrants that for a period of thirty (30) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. John Hnidec does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. You must determine that the Software sufficiently meets your requirements. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY JOHN HNIDEC.  JOHN HNIDEC MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; If any modifications are made to the Software by you during the warranty period; if the Software is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation.

6. SUBSCRIPTION UPDATES

Upon receipt of future subscription updates of the SOFTWARE (an "UPDATE"), you may use or transfer the UPDATE only in conjunction with your then-existing SOFTWARE. The SOFTWARE and all UPDATES are licensed as a single product, and the UPDATES may not be separated from the SOFTWARE for use by more than one user at any time.

7. TERMINATION

The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL JOHN HNIDEC OR HIS 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, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL JOHN HNIDEC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT JOHN HNIDEC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF JOHN HNIDEC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. The components are not fault-tolerant and are 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"). John Hnidec and his suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

9. JURIDISCTION

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.
 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JOHN HNIDEC AND THAT IT SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND JOHN HNIDEC RELATING THE SUBJECT MATTER OF THIS AGREEMENT.