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- HANDS HIGH SOFTWARE LICENSE AGREEMENT
-
- This is a legal agreement between you and Hands High Software, Inc. covering your
- use of ToDo PLUSĀ¬ Trial Version. Be sure to read the following agreement
- before using the software. IF YOU DO NOT AGREE TO THE TERMS OF THIS
- AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
-
- This Hands High End-User License Agreement ("EULA") is a legal agreement
- between you (either an individual or a single entity) and Hands High Software, Inc.
- By installing, copying, or otherwise using ToDo PLUSĀ¬ Trial
- Version ("the Software") on any computer or device, you agree to be bound
- by the terms of this EULA. If you do not agree to the terms of this EULA,
- you are not authorized to use the Software.
-
- TERMS
-
- This software is distributed as trial software. Hands High Software, Inc. grants
- you a non-exclusive license to use the Software for a period of 14 days for
- evaluation purposes. After 14 days, you are required to remove the Software
- from your computer and/or device. Hands High Software sells and distributes
- a "release" version of this product, which you may purchase on the Internet at
- <http://www.handshigh.com/>.
-
- WARRANTY
-
- The Software is provided on an "AS IS" basis, without warranty of any kind,
- including without limitation the warranties of merchantability, fitness for
- a particular purpose and non-infringement. The entire risk as to the quality
- and performance of the Software is borne by you. Should the Software prove
- defective, you, and not Hands High Software assume the entire cost of any
- service and repair. This disclaimer of warranty constitutes an essential part
- of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN
- IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY
- HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
- DISTRIBUTION
-
- Commercial distribution of the Software is not allowed without permission
- of Hands High Software. Contact Hands High Software, Inc. for details on obtaining
- a license. Non-commercial distribution is permitted, provided that this license
- accompanies the Software and all users agree to the terms of this license
- agreement.
-
- You may not modify, translate, reverse engineer, decompile, disassemble or
- create derivative works based on the Software. You may not copy the Software
- other than as specified above. You may not rent, lease, grant a security interest
- in, or otherwise transfer rights to the Software. You may not remove any
- proprietary notices or labels on the Software. You must maintain all copyright
- notices on all copies of the Software.
-
- TITLE.
-
- Title, ownership rights, and intellectual property rights in the Software
- shall remain in Hands High Software. The Software is protected by the
- copyright laws and treaties of the United States.
-
- TERMINATION.
-
- The license will terminate automatically if you fail to comply with
- the limitations described herein. On termination, you must destroy
- all copies of the Software and Documentation.
-
- EXPORT CONTROLS.
-
- None of the Software or underlying information or technology may be
- downloaded or otherwise exported or reexported (i) into (or to a national
- or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
- Iran, Syria or any other country to which the U.S. has embargoed
- goods; or (ii) to anyone on the U.S. Treasury Department's list of
- Specially Designated Nationals or the U.S. Commerce Department's
- Table of Denial Orders. By downloading or using the Software, you
- are agreeing to the foregoing and you are representing and warranting
- that you are not located in, under the control of, or a national or resident
- of any such country or on any such list.
-
- LIMITATION OF LIABILITY
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
- OR OTHERWISE, SHALL HANDS HIGH SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE
- LIABLE TO YOU OR 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 ANY AND ALL OTHER COMMERCIAL DAMAGES OR
- LOSSES. IN NO EVENT WILL HANDS HIGH SOFTWARE BE LIABLE FOR ANY DAMAGES
- IN EXCESS OF THE AMOUNT HANDS HIGH SOFTWARE RECEIVED FROM YOU FOR A
- LICENSE TO THE SOFTWARE, EVEN IF HANDS HIGH SOFTWARE SHALL HAVE BEEN
- INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
- OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
- FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
- SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
- THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
- HIGH RISK ACTIVITIES.
-
- The Software is not fault-tolerant and is not designed, manufactured
- or intended for use or resale as on-line control equipment in hazardous
- environments requiring fail-safe performance, such as in the operation
- of nuclear facilities, aircraft navigation or communication systems, air
- traffic control, direct life support machines, or weapons systems, in
- which the failure of the Software could lead directly to death, personal
- injury, or severe physical or environmental damage ("High Risk Activities").
- Hands High Software, Inc. and its suppliers specifically disclaim any express or
- implied warranty of fitness for High Risk Activities.
-
- MISCELLANEOUS.
-
- If any provision of this Agreement is held to be unenforceable, such
- provision shall be reformed only to the extent necessary to make it
- enforceable. This Agreement shall be governed by California law
- (except for conflict of law provisions). The application the United
- Nations Convention of Contracts for the International Sale of Goods is
- expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
- Government is subject to restrictions set forth in subparagraphs (a) through
- (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19
- when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data
- and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or
- to Hands High Software's standard commercial license, as applicable, and in
- similar clauses in the NASA FAR Supplement. Contractor/manufacturer is
- Hands High Software, 1290 Cypress Street, East Palo Alto, CA 94303.
-
-