AGREEMENT

 

Before loading this software on your computer, you should carefully read the following terms and conditions. Loading or using the Licensed Software indicates your acceptance of these terms and conditions. If you do not agree with them you may not load or use the Licensed Software.

 

Josh Goldfoot (ôGoldfootö) developed and licenses this software program (ôSoftwareö) for the use with a Palm OSÖ compatible personal computer system. You assume all responsibility (i) for the selection of the computer system to achieve your intended results, (ii) for the acquisition of other software and/or equipment compatible with the Licensed Software, and (iii) for the installation, use and results obtained from the Licensed Software.

 

This Software is distributed as Shareware. It is not free, Freeware, or in the Public Domain. You may use the Software for a trial period of thirty (30) days, at no cost to you, to determine if it fits your needs. If you decide to use the Software, you are expected to register it and pay the twelve dollar registration fee.

 

LICENSE GRANT

 

This is a License, not a sales agreement, between you, the end user, and Goldfoot. Goldfoot grants to you a non-exclusive, non-transferable (except as provided below) license to use the enclosed copy of software, and the accompanying documentation in accord with the terms set forth in this License Agreement. The software is owned by Goldfoot or his licensors and protected by copyright and trademark laws.

 

THIS LICENSE PERMITS YOU TO:

  1. use one copy of the enclosed Software program on a single Palm OSÖ compatible personal computer system. The Software is in ôuseö on a Palm OSÖ compatible personal computer system when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Palm OSÖ compatible personal computer system.
  2. make an unlimited number of copies of the Software on any non-Palm OSÖ compatible computer system. You must not modify or delete any of copyright and trademark notices.
  3. transfer (not rent or lease) the software on a permanent basis if the person receiving it agrees to the terms of this Agreement.
  4. distribute as many copies of the Software to as many individuals as you wish, so long as you
    1. distribute an unmodified version of the software, its documentation, and this license
    2. distribute the software with its documentation and this license

 

YOU MAY NOT:

 

modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software or accompanying documentation.

 

Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Goldfoot other legal remedies.

 

TERMS

 

Your license is effective upon your installation of the Software in a Palm OSÖ compatible personal computer system.á You may only transfer this license as expressly provided in this Agreement. Any other attempt to sub-license, assign or transfer any of the rights, duties or obligations here under is void. You agree not to take any steps, such as altering, decompiling, disassembling, reverse assembling, or reverse compiling to derive the source code or ôlook and feelö equivalent(s) of the Software.

 

LIMITED WARRANTY

 

The Shareware is distributed AS IS. GOLDFOOT DISCLAIMS ALL WARRANTIES ON THIS PROGRAM INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event will Goldfoot be liable for any damages arising out of the use or the inability to use this program, or for the loss of any data caused by the use of this program.

 

DISCLAIMER

 

In no event will Goldfoot be liable for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the software, including without limitation to: 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 this product, even if Goldfoot or his dealers or his suppliers have been advised of the possibility of such damages.

 

UPDATES

 

Goldfoot may, from time to time, revise, upgrade or update the Software, but, in so doing, incurs no obligation to furnish such revision(s), upgrade(s) or update(s) to you. Furthermore, changes in technology may render the Software obsolete.

 

GENERAL

 

Goldfoot licenses the use of the Software worldwide. This Agreement will be governed by the laws of the State of California, United States of America.á The parties hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, pursuant to Article 6 of that Convention.

 

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 GOLDFOOT WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND GOLDFOOT (OR OTHERS) RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.