PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY PROCEEDING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE
UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL
BE REFUNDED.
1. License.
TC Works grants to you the right to use this copy of TC Works software and the related documentation (the "Software") on a single computer. You own the media on which the Software is recorded, but TC Works retain title to the Software and related documentation including copies, regardless of form or media and to all copyrights therein. You may store one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the TC Works copyright notice and other proprietary legends that were on the original copy of the Software. You may not reproduce the media holding the copy protection ("Authorization") in any shape or form.
2. Transfer of Rights
You may transfer all your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this license.
3. Restrictions.
The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect this, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another in a network.
4. Termination.
This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from TC Works, if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and fonts and all copies thereof.
5. Limited Warranty on Media.
TC Works warrants the diskettes and/or compact disc on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. TC Works entire liability and your exclusive remedy will be replacement of the diskettes and/or compact disc not meeting TC Works limited warranty and which is returned to TC Works or an TC Works authorized representative with a copy of the receipt. TC Works will have no responsibility to replace a disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE DISKETTES AND/OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION
6. Disclaimer of Warranty on TC Works Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided on an "AS IS" basis and without warranty of any kind. TC Works and TC Works' Licenser(s) (for the purposes of provisions 6 and 7, TC Works and TC Works' Licenser(s) shall be collectively referred to as "TC Works") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING RUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TC WORKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TC WORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TC WORKS OR AN TC WORKS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TC WORKS OR A TC WORKS AUTHORIZED REPRESENTATIVE) ASSUME THE JURISDICTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TC WORKS BE LIABLE FOR ANY INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF TC WORKS OR A TC WORKS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU .
In no event shall TC Works' total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
8. Governing Law and Severability.
This License shall be governed by and construed in accordance with the laws of Germany, as applied to agreements entered into and to be performed entirely within Germany between German residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the software and the related documentation and supersedes all prior contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of TC Works.
If you have any questions concerning this Agreement or TC Works, please write to:
