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- IMPORTANT--READ CAREFULLY: This End-User License
- Agreement ("EULA") is a legal agreement between you
- (either an individual or a single entity) and Steven
- Hawkins for the product identified above, which
- includes computer software and may include associated
- media, printed materials, and "online" or electronic
- documentation ("SOFTWARE PRODUCT"). By installing,
- copying, or otherwise using the SOFTWARE PRODUCT, you
- agree to be bound by the terms of this EULA. If you do
- not agree to the terms of this EULA, do not install or
- use the SOFTWARE PRODUCT; you may, however, return it
- to your place of purchase for a full refund.
-
- SOFTWARE PRODUCT LICENSE
-
- The SOFTWARE PRODUCT is protected by copyright laws and
- international copyright treaties, as well as other
- intellectual property laws and treaties. The SOFTWARE
- PRODUCT is licensed, not sold.
-
- 1 - GRANT OF LICENSE
-
- This EULA grants you the following rights:
-
- a. Software Product. Steven Hawkins grants to you as an
- individual, a personal, nonexclusive license to make
- and use copies of the SOFTWARE for the sole purposes
- for which it is intended. Except as provided in Section
- 2, you may install copies of the SOFTWARE on an
- unlimited number of computers provided that you are the
- only individual using the SOFTWARE. If you are an
- entity, Steven Hawkins grants you the right to
- designate one individual within your organization to
- have the right to use the SOFTWARE in the manner
- provided above.
-
- b. Electronic Documents. Solely with respect to
- electronic documents included with the SOFTWARE, you
- may make an unlimited number of copies (either in
- hardcopy or electronic form), provided that such copies
- shall be used only for internal purposes and are not
- republished or distributed to any third party.
-
- c. Storage/Network Use. You may also store or install a
- copy of the SOFTWARE PRODUCT on a storage device, such
- as a network server, used only to install or run the
- SOFTWARE PRODUCT on your other computers over an
- internal network; however, you must acquire and
- dedicate a license for each separate computer on which
- the SOFTWARE PRODUCT is installed or run from the
- storage device. A license for the SOFTWARE PRODUCT may
- not be shared or used concurrently on different
- computers.
-
- 2 - DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
-
- a. Notwithstanding other sections of this EULA, you may
- not resell, or otherwise transfer for value, the
- SOFTWARE PRODUCT.
-
- b. Limitations on Reverse Engineering, Decompilation,
- and Disassembly. You may not reverse engineer,
- decompile, or disassemble the SOFTWARE PRODUCT, except
- and only to the extent that such activity is expressly
- permitted by applicable law notwithstanding this
- limitation.
-
- c. Separation of Components. The SOFTWARE PRODUCT is
- licensed as a single product. Its component parts may
- not be separated for use on more than one computer.
-
- d. Rental. You may not rent, lease, or lend the
- SOFTWARE PRODUCT.
-
- e. Support Services. Steven Hawkins may provide you
- with support services related to the SOFTWARE PRODUCT
- ("Support Services"). Use of Support Services is
- governed by the policies and programs described in the
- user manual, "online" documentation, and/or other
- provided materials. Any supplemental software code
- provided to you as part of the Support Services shall
- be considered part of the SOFTWARE PRODUCT and subject
- to the terms and conditions of this EULA. With respect
- to technical information you provide to Steven Hawkins
- as part of the Support Services, he may use such
- information for his business purposes, including for
- product support and development. Steven Hawkins will
- not utilize such technical information in a form that
- personally identifies you.
-
- f. Software Transfer. You may permanently transfer all
- of your rights under this EULA, provided you retain no
- copies, you transfer all of the SOFTWARE PRODUCT
- (including all component parts, the media and printed
- materials, any upgrades, this EULA, and, if applicable,
- the Certificate of Authenticity), and the recipient
- agrees to the terms of this EULA. If the SOFTWARE
- PRODUCT is an upgrade, any transfer must include all
- prior versions of the SOFTWARE PRODUCT.
-
- h. Termination. Without prejudice to any other rights,
- Steven Hawkins may terminate this EULA if you fail to
- comply with the terms and conditions of this EULA. In
- such event, you must destroy all copies of the SOFTWARE
- PRODUCT and all of its component parts.
-
- 3 - UPGRADES
-
- If the SOFTWARE PRODUCT is labeled as an upgrade, you
- must be properly licensed to use a product identified
- by Steven Hawkins as being eligible for the upgrade in
- order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT
- labeled as an upgrade replaces and/or supplements the
- product that formed the basis for your eligibility for
- the upgrade. You may use the resulting upgraded product
- only in accordance with the terms of this EULA. If the
- SOFTWARE PRODUCT is an upgrade of a component of a
- package of software programs that you licensed as a
- single product, the SOFTWARE PRODUCT may be used and
- transferred only as part of that single product package
- and may not be separated for use on more than one
- computer.
-
- 4 - COPYRIGHT
-
- All title and copyrights in and to the SOFTWARE PRODUCT
- (including but not limited to any images, photographs,
- animations, video, audio,music, text, and "applets"
- incorporated into the SOFTWARE PRODUCT), the
- accompanying printed materials, and any copies of the
- SOFTWARE PRODUCT are owned by Steven Hawkins. The
- SOFTWARE PRODUCT is protected by copyright laws and
- international treaty provisions. Therefore, you must
- treat the SOFTWARE PRODUCT like any other copyrighted
- material except that you may install the SOFTWARE
- PRODUCT on a single computer provided you keep the
- original solely for backup or archival purposes. You
- may not copy the printed materials accompanying the
- SOFTWARE PRODUCT.
-
- 5 - DUAL-MEDIA SOFTWARE
-
- You may receive the SOFTWARE PRODUCT in more than one
- medium. Regardless of the type or size of medium you
- receive, you may use only one medium that is
- appropriate for your single computer. You may not use
- or install the other medium on another computer. You
- may not loan, rent, lease, or otherwise transfer the
- other medium to another user, except as part of the
- permanent transfer (as provided above) of the SOFTWARE
- PRODUCT.
-
- MISCELLANEOUS
-
- If you acquired this product in Canada, this EULA is
- governed by the laws of the Province of Ontario,
- Canada. Each of the parties hereto irrevocably attorns
- to the jurisdiction of the courts of the Province of
- Ontario and further agrees to commence any litigation
- which may arise hereunder in the courts located in the
- Judicial District of York, Province of Ontario.
-
- If this product was acquired outside of Canada, then
- local law may apply.
-
- Should you have any questions concerning this EULA, or
- if you desire to contact Steven Hawkins for any reason,
- please write:
-
- Steven Hawkins
- 50 Prince Arthur Ave.
- Suite 1003
- Toronto, Ontario, M5R 1B5
-
- LIMITED WARRANTY
-
- LIMITED WARRANTY. Except with respect to the
- REDISTRIBUTABLES, which are provided "as is," without
- warranty of any kind, Steven Hawkins warrants that (a)
- the SOFTWARE PRODUCT will perform substantially in
- accordance with the accompanying written materials for
- a period of ninety (90) days from the date of receipt,
- and (b) any Support Services provided by Steven Hawkins
- shall be substantially as described in applicable
- written materials provided to you by Steven Hawkins,
- and he will make commercially reasonable efforts to
- solve any problem issues. Some states and jurisdictions
- do not allow limitations on duration of an implied
- warranty, so the above limitation may not apply to you.
- To the extent allowed by applicable law, implied
- warranties on the SOFTWARE PRODUCT, if any, are limited
- to ninety (90) days.
-
- NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, STEVEN HAWKINS DISCLAIMS ALL OTHER
- WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
- INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
- TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE
- PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE
- SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY
- FROM STATE/JURISDICTION TO STATE/JURISDICTION.
-
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STEVEN
- HAWKINS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
- INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
- (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
- BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
- ARISING OUT OF THE USE OF OR INABILITY TO USE THE
- SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
- PROVIDE SUPPORT SERVICES, EVEN IF STEVEN HAWKINS HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
- CASE, STEVEN HAWKINS'S ENTIRE LIABILITY UNDER ANY
- PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER
- OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
- PRODUCT OR CANADIAN 5.00. SOME STATES AND JURISDICTIONS
- DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
- THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-