END-USER LICENSE AGREEMENT FOR MACE SOFTWARE INC.'S
Alphatris
Please read this License Agreement before using this software. By using this software, you are agreeing to be bound by the terms of this License. If you do not agree to these terms, promptly cease all further installation or use of the software. It is agreed that certain restrictions under this License only apply to Alphatris.
DEFINITIONS
In this Agreement, "MSi" means Mace Software Incorporated; "LICENSEE" means you, the licensee of the software; "SOFTWARE" means the Alphatris software, including any technology and utility software licensed by MSi from the developers and owners thereof to MSi, together with all accompanying documentation.
SHAREWARE LICENCE
In consideration of your undertaking to comply with the terms and conditions of this License Agreement, MSi grants you, LICENSEE, a thirty day non-exclusive license to try the Software and to view the documentation. It is also agreed that the License granted to the LICENSEE pertaining to Alphatris is non-transferable. At the end of the thirty day trial period, LICENSEE shall remove the SOFTWARE from his/her computer system, or purchase the appropriate end-user licence. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights, functions or licenses in respect of the Software.
SINGLE USER LICENSE
In consideration of your undertaking to comply with the terms and conditions of this License Agreement, MSi grants you, LICENSEE, a non-exclusive license to use the Software and to view the documentation on a single computer system. It is also agreed that the License granted to the LICENSEE pertaining to Alphatris is non-transferable. LICENSEE may not use the Software on a network server or on more than one computer terminal at the same time. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights, functions or licenses in respect of the Software.
COPYRIGHT AND RESTRICTIONS ON USE
The Software contains copyrighted material and, in its human readable form, it contains trade secrets and proprietary information owned by or licensed to MSi. Title to and ownership of the Software and the documentation that accompanies the Software and all intellectual property rights in the Software and said documentation are and shall remain the sole property of MSi and/or its licensors.
LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce it to human readable form. LICENSEE may not modify, rent, lease, loan the Software or distribute copies of it. LICENSEE may not electronically transfer the Software over a network, a telephone circuit or the Internet.
LICENSEE may not copy the printed information in the package.
LICENSEE may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of MSi or any of its licensors or take any other action which impairs or reduces the trademark rights of MSi or of its licensors.
LICENSEE may make one copy of the Software for backup or archival purposes, provided that LICENSEE duplicates the copyright notice and other identifying information on the disk's label and affix such notice to the backup copy. LICENSEE may print a copy of the documentation from the disk only for LICENSEE's use for the sole purpose of operating the Software.
LICENSEE further acknowledges that this License is not a sale or an assignment of MSi and/or its licensors' intellectual property rights in the Software and the accompanying documentation and that MSi and its licensors continue to own title to the Software and copyright to the printed information.
SPECIAL DISTRIBUTION RIGHTS RELATED TO Alphatris (Shareware Version)
The Alphatris Software may be freely distributed, provided that:
1. Such distribution included only the original archive supplied by MSi. You may not alter, delete or add any files in the distribution archive.
2. The distribution does not include a registration number. In particular, you may not distribute a registered piece of software.
3. No money is charged to the person receiving the Alphatris Software, beyond reasonable cost of packaging and other overhead.
NO WARRANTY
MSi does not warrant, guarantee or make any representations that the functions contained in the Software will meet LICENSEE's requirements or that the operation of the Software will be uninterrupted or error-free. Any other Software and any hardware furnished with or accompanying the Software is not warranted by MSi.
LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST MSi AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSi AND/OR OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT MSi AND/OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXPORT LAW ASSURANCES
LICENSEE agrees that the Software and other technical information, both printed and verbal, received from MSi will not be exported outside of the United States except as permitted by the laws and regulations of the United States. If LICENSEE rightfully obtain the Software and accompanying information outside of the United States, LICENSEE agrees not to re-export the Software and information except as permitted by the laws and regulations of the United States and the jurisdiction in which LICENSEE obtained the Software.
US GOVERNMENT USE
Use, duplication or disclosure of the Software by the U.S. Government is subject to "Restricted Rights", as that term is defined in the Department of Defense ("DOD") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1)(ii) if to the DOD, or, if the Software and/or accompanying information is supplied to any unit or agency of the U.S. Government other than DOD, the Government's rights in the Software and/or accompanying information shall be as defined in subparagraphs (c)(1) or (c)(2) of FAR 52.227-19, Commercial Computer software -Restricted Rights; or FAR 52.227-14, Rights in General Data Alternative III, as applicable.
TERMINATION
This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must stop using the Software, erase or destroy all copies of the Software, and destroy all printed information provided with the Software.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and MSi and supersedes any other prior agreements or communications regarding the Software. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect.
WAIVER
The failure by MSi or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by you of any of the provisions herein will not in any way be construed as a waiver of such provisions.
LANGUAGE OF AGREEMENT
LICENSEE agrees that this agreement be drafted in the English language. Le licenciΘ accepte que la prΘsente convention soit rΘdigΘe en anglais.
GOVERNING LAW
This Agreement shall be governed and be construed in accordance with the laws of the United States of America applicable therein.
