IMPORTANT--READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE (i) READ THIS LICENSE AGREEMENT, (ii) THAT YOU UNDERSTAND IT, (iii) AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU MUST NOT DOWNLOAD OR USE THE SOFTWARE.
License Editions
Personal Use License
Andrew Pietsch, grants you, the named license holder, a non-exclusive,
non-transferable license to use the SOFTWARE. You may transfer or
install the SOFTWARE on more than one computer, provided that the
SOFTWARE is only used by the named license holder. Using the SOFTWARE,
you may build applications, applets or any other software, which can
then be distributed royalty-free.
Non-Commercial Use License
Andrew Pietsch, grants you a non-exclusive, non-transferable
license to use the SOFTWARE for soley for Non-Commercial Purposes.
Using the SOFTWARE, you may build applications, applets or any
other software, which can then be distributed royalty-free.
Non-commercial use includes (i) personal use, (ii) educational use
and (iii) use by accredited charitable organisations.
Non-commercial use strictly prohibits (i) use for which you will
recieve compensation and (ii) any use both within and/or for a
commercial organisation.
For the avoidance of doubt, the following are considered examples
of commercial uses of the Software that are expressly prohibited by
this license:
Source Code License
The Source Code License grants you the right to use and modify the
SOFTWARE's source code provided you have (i) you have paid the
Source Code License Fee AND (ii) you comply with the following
rules:
Ownership
You have no ownership rights in the Software. Rather, you have a
license to use the Software as long as this License Agreement
remains in full force and effect. Ownership of the Software,
Documentation and all intellectual property rights therein shall
remain at all times with Andrew Pietsch. Any other use of the
Software by any person, business, corporation, government
organization or any other entity is strictly forbidden and is a
violation of this License Agreement.
Copyright
The Software and Documentation contain material that is protected
by United States Copyright Law and trade secret law, and by
international treaty provisions. All rights not granted to you
herein are expressly reserved by Andrew Pietsch. You may not remove
any proprietary notice of Andrew Pietsch from any copy of the
Software or Documentation.
Restrictions
You may not publish, display, disclose, rent, lease, modify, loan,
distribute, or create derivative works based on the Software or any
part thereof. You may not reverse engineer, decompile, translate,
adapt, or disassemble the Software, nor shall you attempt to create
the source code from the object code for the Software. You may not
transmit the Software over any network or between any devices,
although you may use the Software to make such transmissions of
other materials. You may transfer the Software to other computers
you own as long as you only use it on one computer at a time.
Confidentiality
You acknowledge that the Software contains proprietary trade
secrets of Andrew Pietsch and you hereby agree to maintain the
confidentiality of the Software using at least as great a degree of
care as you use to maintain the confidentiality of your own most
confidential information. You agree to reasonably communicate the
terms and conditions of this Software License Agreement to those
persons employed by you who come into contact with the Software,
and to use reasonable best efforts to ensure their compliance with
such terms and conditions, including, without limitation, not
knowingly permitting such persons to use any portion of the Program
for the purpose of deriving the source code of the Program or
defeating the Key.
Limited Warranty
ANDREW PIETSCH WARRANTS FOR A PERIOD OF THREE (3) MONTHS AFTER
PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE
WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR
EXCLUSIVE REMEDY, AND ANDREW PIETSCH'S SOLE OBLIGATION UNDER THIS
WARRANTY, SHALL BE, AT ANDREW PIETSCH'S SOLE DISCRETION, CORRECTION
OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE
SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS
LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY ANDREW PIETSCH
REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE
SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ANDREW PIETSCH DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANDREW PIETSCH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT
THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED
FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE
CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR
PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION
OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL ANDREW PIETSCH BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS
OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF
ANDREW PIETSCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANDREW PIETSCH'S AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE
SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT
OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination
This License Agreement is effective until it is terminated. You may
terminate this License Agreement at any time by destroying or
returning to Andrew Pietsch all copies of the Software and
Documentation in your possession or under your control. Andrew
Pietsch may terminate this License Agreement if any of the terms of
this License Agreement have been breached. Upon notification of
termination, you agree to destroy or return to Andrew Pietsch all
copies of the Software and Documentation and to certify in writing
that all known copies, including backup copies, have been
destroyed. All provisions relating to confidentiality, proprietary
rights, and non-disclosure shall survive the termination of this
Software License Agreement.
General
This License Agreement shall be construed, interpreted and governed
by the laws of Australia without regard to conflicts of law
provisions thereof. The exclusive forum for any disputes arising
out of or relating to this License Agreement shall be an
appropriate court sitting in Victoria, Australia. This License
Agreement shall constitute the entire Agreement between the parties
hereto. Any waiver or modification of this License Agreement shall
only be effective if it is in writing and signed by both parties
hereto. If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder
of this License Agreement shall be interpreted so as to reasonably
effect the intention of the parties.