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calc_license.txt
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2004-01-19
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DREAMCALC PRO SOFTWARE USER LICENSE AGREEMENT
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 Continued 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 Continued Use may not
be shared with, or transferred to, anyone else. The Right of Continued
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 Continued Use
was purchased. Subject to the purchase of the Right of Continued 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.