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- ELECTRONIC END USER LICENSE AGREEMENT
- FOR PE EXPLORER version 1.92
-
- NOTICE TO USER: CAREFULLY READ THE FOLLOWING LEGAL
- AGREEMENT. BY INSTALLING THIS SOFTWARE YOU ACCEPT
- ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
-
- This Heaventools Software ("Heaventools") End User License Agreement
- accompanies the Heaventools PE Explorer product and related explanatory
- materials ("SOFTWARE"). The term "SOFTWARE" also shall include any
- upgrades, modified versions or updates of the Software licensed to you
- by Heaventools. By installing and/or using the enclosed, attached, or
- about-to-be-installed software you are agreeing to be bound by the terms
- of this End User License Agreement. If you do not agree to the terms of
- this End User License Agreement, promptly stop the installation process,
- cease to use SOFTWARE, and erase this SOFTWARE and all of its
- associated files from your system.
-
- 1. LICENSE GRANT.
-
- Heaventools grants to you a nonexclusive license to use one copy
- of the version of this SOFTWARE on any one hardware product for as
- many licenses as you purchase. "You" means the company, entity or
- individual whose funds are used to pay the license fee. "Use" means
- storing, loading, installing, executing or displaying the SOFTWARE.
- If you install the SOFTWARE onto a multi-user platform or network,
- each and every individual user of the SOFTWARE must be licensed
- separately or be covered by a site license.
- You may not modify the SOFTWARE or disable any licensing or
- control features of the SOFTWARE except as an intended part of
- the SOFTWARE's programming features. When you first obtain a copy
- of the SOFTWARE, you are granted an evaluation period of not more
- than 30 days, after which time you must pay for the SOFTWARE
- according to the terms and prices discussed in the SOFTWARE's
- documentation, or you must remove the SOFTWARE from your computer.
- This license is not transferable to any other hardware product or
- other company, entity, or individual. You are expected to use the
- SOFTWARE on your system and to thoroughly evaluate its usefulness
- and functionality before making a purchase.
- This "try before you buy" approach is the ultimate guarantee that
- the SOFTWARE will perform to your satisfaction.
-
- Any use of the SOFTWARE which is illegal under international or
- local law is forbidden by this licence. Any such action is the sole
- responsibility of the person committing the action.
-
- 2. OWNERSHIP.
-
- The SOFTWARE is owned and copyrighted by Heaventools Software.
- Your license confers no title or ownership in the SOFTWARE and
- should not be construed as a sale of any right in the SOFTWARE.
-
- 3. COPYRIGHT.
-
- The SOFTWARE is protected by copyright, including without limitation
- by United States Copyright Law, international treaty provisions and
- applicable laws in the country in which it is being used. You
- acknowledge that no title to the intellectual property in the SOFTWARE
- is transferred to you. You further acknowledge that title and full
- ownership rights to the SOFTWARE will remain the exclusive property of
- Heaventools and you will not acquire any rights to the SOFTWARE except
- as expressly set forth in this license.
- You agree that any copies of the SOFTWARE will contain the same
- proprietary notices which appear on and in the SOFTWARE.
-
- 4. RESTRICTIONS.
-
- You agree that you will not attempt to modify, adapt, translate, reverse
- engineer, decompile, clone, disassemble the SOFTWARE in whole or in part,
- or otherwise attempt to discover the source code of the SOFTWARE (except
- and solely to the extent an applicable statute expressly and specifically
- prohibits such restrictions). You may not alter or modify the installer
- program or create a new installer for the SOFTWARE. You may not sublicense,
- rent, lease, resell for profit or otherwise dispose of the SOFTWARE
- without our written permission. You may not grant a security interest in,
- or otherwise transfer rights to the SOFTWARE. You may not remove any
- proprietary notices or labels on the SOFTWARE.
-
- Usage of the SOFTWARE may violate the copyright of the modified
- material. It is your responsibility to respect all legal aspects.
- You don't have the right to release to public any programs which
- were altered using the SOFTWARE, if not expressively granted by the
- respective authors.
-
- 5. DISCLAIMER OF WARRANTY.
-
- THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED
- ON AN "AS IS" BASIS AND YOU ASSUME FULL RESPONSIBILITY
- FOR DETERMINING THE SUITABILITY OF THE PROGRAM AND FOR
- RESULTS OBTAINED. HEAVENTOOLS DISCLAIMS ALL WARRANTIES
- RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
- WARRANTIES OF MERCHANTABILITY, FREE OF DEFECTS, FITNESS
- FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
- PARTY RIGHTS. NEITHER HEAVENTOOLS NOR ANYONE ELSE WHO
- HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
- DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
- CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING,
- WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS PROFITS,
- BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
- DATA LOSS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
- THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF
- HEAVENTOOLS 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. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY
- RESPECT, YOU AND NOT HEAVENTOOLS OR ITS SUPPLIERS ASSUME
- THE ENTIRE COST OF ANY SERVICE AND REPAIR.
-
- SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION
- OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE
- EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR
- RESTRICTION.
-
- IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE
- LICENSE FEE PAID TO HEAVENTOOLS.
-
- 6. SEVERABILITY.
-
- Any term or provision of this Agreement held to be illegal or
- unenforceable shall, if possible, be interpreted so as to be construed
- as valid, but in any event the validity or enforceability of the
- remainder hereof shall not be affected.
-
- 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
-
- IN NO EVENT SHALL HEAVENTOOLS OR ITS SUPPLIERS BE LIABLE
- TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
- INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
- PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF HEAVENTOOLS
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
- EVENT WILL HEAVENTOOLS' LIABILITY FOR ANY CLAIM, WHETHER IN
- CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
- THE LICENSE FEE PAID BY YOU, IF ANY. HEAVENTOOLS SHALL HAVE
- NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF
- INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE IN
- COMBINATION, OPERATION OR OTHERWISE WITH THE DATA OR
- MATERIALS NOT SUPPLIED BY HEAVENTOOLS.
-
- 8. TERMINATION.
-
- This Agreement and the license granted hereunder will terminate
- automatically if you fail to comply with the limitations described
- herein. Upon termination, you must destroy all copies of the SOFTWARE
- and documentation.
-
- 9. ENTIRE AGREEMENT.
-
- This is the entire agreement between you and Heaventools which
- supersedes any prior agreement or understanding, whether written or
- oral, relating to the subject matter of this license.
-
- 10. RESERVED RIGHTS.
-
- All rights not expressly granted here are reserved to Heaventools
- and/or the respective authors (listed either in the documentation
- or within the SOFTWARE).
-
- Heaventools reserves the right to make exceptions to any of these
- conditions, or alter these conditions, at any time. However, you
- may always use these conditions instead of any altered version if
- you prefer (note that this licence explicitly applies only to one
- version of the program; therefore, if Heaventools makes new
- conditions in connection with a future version, you do not then have
- the right to apply these conditions to that version instead).
-
-