The following License Terms govern your use of the accompanying DreamCalc Pro Software (the "Software"). Carefully read the following legal agreement (the "Agreement"), for the license of the Software by Andrew Thomason (the "Author"). By installing the Software, you, either as an individual or a single entity, agree to be bound by and become a party to this Agreement. If you do not agree to all the terms of the Agreement, you should not install the Software.
USE OF SOFTWARE
Subject to the terms of this Agreement, the Author grants you the right to install and use the Software for purposes of evaluation and for a limited time period necessary to evaluate the Software. If, after evaluating the Software or the expiry of a reasonable time period required for evaluation, you wish to continue using the Software, you must purchase the right to do so (the "Right of Use") from the Author. If you do not wish to continue using the Software, you must uninstall all copies of the Software. The Right of Use may not be shared with, or transferred to, anyone else. The Right of Use applies to a single computer, workstation, terminal, or other digital electronic device (the "Device"), or to a prescribed number of Devices explicitly agreed by the Author at the time the Right of Use was purchased. Subject to the purchase of the Right of Use, you may also install a second copy of the Software on a portable Device for the exclusive use of the person who is the primary user of the first installation of the Software. You may make copies of the Software's set-up application for purposes of data backup and recovery.
TERM OF AGREEMENT
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software. The Author may terminate this Agreement at any point, for any reason or for no reason, by written notification.
OWNERSHIP RIGHTS
The Software is protected by copyright laws and international treaty provisions. The Author owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software.
DISTRIBUTION OF SOFTWARE
You may distribute the Software to anyone, provided you distribute the Software as the original unmodified set-up application, and all such distributed copies contain the original proprietary notices. You may not distribute components of the Software separately.
RESTRICTIONS
You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, de-compile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You are expressly prohibited from circumventing any copy protection or unauthorized use protection contained in the Software.
HIGH RISK ACTIVITIES
The Software is not fault tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation or design of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). The Author expressly disclaims any express or implied warranty of fitness for High Risk Activities.
DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE AUTHOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL THE AUTHOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL PROVISIONS
This Agreement sets forth all rights for the user of the Software and is the entire Agreement between the parties. This Agreement supersedes any other communications with respect to the Software. This Agreement may not be modified except by a written addendum issued by the Author, or a duly authorized representative of the Author. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by the Author or a duly authorized representative of the Author. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. In the event of a dispute over the interpretation of this Agreement, the court shall rule in accordance with what was intended by this Agreement. Paragraph headings herein are for convenience only and shall not limit, in any way, the scope or interpretation of any provision in this Agreement. The Author reserves the right to amend these terms and conditions at any time without notice. This Agreement is governed by the laws of England. You agree that it is your wish that this Agreement has been written in the English language only.
