| PLEASE YOURSELF WHETHER YOU READ THIS LICENCE AGREEMENT. BY USING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THE TERMS HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DELETE THE SOFTWARE AND TELL MY WHAT YOU DIDNT LIKE ABOUT IT. |
1. TRIAL PERIOD. Stone Age Software e.K. grants you a non-exclusive license to use Doing (the "Software") free of charge for the purpose of evaluating whether to purchase an ongoing licence to use the Software. The Trial Period is limited to 30 days. At the end of the Trial Period, if you do not purchase a license, you must destroy all copies of the Software and Documentation.
2. LICENCE GRANT. Subject to payment of applicable licence fees, Stone Age Software e.K. grants to you a non-exclusive licence to use the Software and accompanying documentation as set forth below.
3. SCOPE OF GRANT. You may install the Software on a single PalmOS device at any one time. You may use the Software at home, at work or on another computer provided that you, the licensee only use one copy at a time, and for your own benefit. You must purchase a licence for each additional user. You may copy the Software for archival purposes, provided any copy contains all of the original Software's proprietary notices.
4. UNAUTHORISED USE. You may not permit other individuals to use the Software except under the terms listed above. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software.
5. PROPERTY. The Software which accompanies this license is the property of Stone Age Software e.K. and is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. Stone Age Software e.K. retains all intellectual property rights including, but not limited to, patent, trademark, copyright, and trade secret rights in the software.
6. LIMITED WARRANTY. STONE AGE SOFTWARE E.K. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER STONE AGE SOFTWARE E.K. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF STONE AGE SOFTWARE E.K. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO STONE AGE SOFTWARE E.K.
7. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL STONE AGE SOFTWARE E.K. BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES INCLUDING ANY LOSS OF PROFITS, OR LOSS OF SAVINGS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF STONE AGE SOFTWARE E.K. HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE. IN NO EVENT WILL STONE AGE SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU. AND DON'T PUT PETS IN THE MICROWAVE EITHER.
8. 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.
9. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277 -7013 (Oct 1988) and FAR 52.227-19 (June 1987). The Contractor is Stone Age Software e.K., Augustenstr. 16, D-96047 Bamberg, Germany.
10. GOVERNING LAW. This agreement shall be governed by the laws of Germany, excluding the application of its conflicts of law rules, and shall inure to the benefit of Stone Age Software e.K. and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a court of competent jurisdiction located in Germany. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. SEVERABILITY. In the event of invalidity of any provision of this agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement.