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-
- IMPORTANT
- PLEASE READ BEFORE INSTALLING AND USING THIS SOFTWARE.
-
- THIS IS AN AGREEMENT BETWEEN YOU AND PORTABLE
- PROJECTS. BY INSTALLING OR USING THIS
- SOFTWARE YOU ARE AGREEING TO THE TERMS AND
- CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
- AGREE TO THE TERMS AND CONDITIONS OF THIS
- AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.
-
- TERMS AND CONDITIONS
-
- 1. Grant of License.
-
- (a). Trial License. Portable Projects
- grants to you the non-exclusive
- right and license to install and use,
- for your own internal purposes,
- one copy of the object code form of
- this software program.
- The license granted under this
- Paragraph 1(a) will terminate
- as set forth in Paragraphs 3 and 4.
-
- (b). Full License. Upon your payment of
- the applicable license fee, Portable
- Projects will grant to you the
- non-exclusive right and license to
- install and use solely for your own
- internal purposes one copy of the
- object code form of this software
- program and all related user
- documentation (the "Software") for
- which the license fee is paid.
- The license granted under this
- Paragraph 1(b) will terminate as set
- forth in Paragraphs 3 and 4. Upon
- such termination, you agree to
- destroy the Software and all copies.
-
- You may use the Software on a single central
- processing unit ("CPU"). You may not use the
- Software on any network or simultaneously on
- more than one single-user CPU. All rights
- not expressly granted to you by this
- Agreement is reserved by Portable Projects.
- This license is effective until terminated.
- You may terminate it at any time by
- destroying the Software together with all
- copies.
-
- 2. Copyright. Portable Projects retains all
- title, interest and proprietary rights in and
- to the Software. You may not copy all or any
- part of the Software except: (i) to make one
- copy of the Software solely for backup and
- archival purposes; or (ii) to transfer the
- Software to a single hard disk.
-
- 3. Other Restrictions. You shall not:
- (i) modify, translate, reverse engineer,
- de-compile, or disassemble the Software;
- (ii) directly or indirectly export or
- re-export the Software; (ii) disclose the
- Software to any third party; or (iv) except
- as otherwise provided herein, assign, sell,
- lease, rent, sub-license, distribute, or
- otherwise transfer or attempt to transfer
- the Software. You agree to use reasonable
- efforts to keep the Software confidential.
- If you have a license to the Software under
- Paragraph 1(b) above, you may transfer the
- Software solely on a permanent basis as long
- as you retain no copies of the Software and
- the recipient agrees, in writing, to the
- terms of this Agreement.
-
- IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS
- OF THIS AGREEMENT, YOUR LICENSE SHALL
- AUTOMATICALLY TERMINATE. SUCH TERMINATION
- SHALL BE IN ADDITION TO, AND NOT IN LIEU OF,
- ANY CRIMINAL, CIVIL OR OTHER REMEDIES
- AVAILABLE TO PORTABLE PROJECTS.
-
- 4. Infringement. If any of the Software is
- found to, or if Portable Projects believes it
- may be found to infringe a patent, trademark,
- or copy right or misappropriate a trade
- secret, Portable Projects, at their sole
- option, may: (a) obtain a license to use such
- Software; (b) provide a substitute having
- comparable or better functionality or
- performance characteristics; or (c) terminate
- this Agreement and your license to such
- Software.
-
- 5. Assignment by Portable Projects. This
- agreement and the rights and obligations of
- Portable Projects hereunder may be assigned
- by Portable Projects at any time without
- notice to you.
-
- 6. Limited Warranty. Portable Projects 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.
-
- 7. No Other Warranties. EXCEPT AS PROVIDED
- HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND
- PORTABLE PROJECTS EXPRESSLY DISCLAIMS ANY AND
- ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR
- STATUTORY CONCERNING THE SOFTWARE OR THE
- APPLICATION, OPERATION OR USE THEREOF, OR THE
- DATA GENERATED BY THE OPERATION OR USE
- THEREOF, INCLUDING, ANY IMPLIED WARRANTY
- ARISING BY STATUTE OR OTHERWISE IN LAW OR
- FROM A COURSE OF DEALING OR USAGE OF TRADE
- AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY
- OR OF MERCHANTABLE QUALITY, NON-INFRINGEMENT
- OR OF FITNESS FOR ANY PURPOSE, PARTICULAR,
- SPECIFIC OR OTHERWISE, CONCERNING THE
- SOFTWARE AND THE ACCOMPANYING WRITTEN
- MATERIALS AND THE APPLICATION, OPERATION, OR
- USE THEREOF.
-
- 8. NO LIABILITY FOR DAMAGES. You assume the
- entire risk as to the quality and performance
- of the Software. IN NO EVENT SHALL PORTABLE
- PROJECTS HAVE LIABILITY TO YOU OR ANY OTHER
- PERSON OR ENTITY FOR DAMAGES IN THE FORM
- OF CONSEQUENTIAL, INCIDENTAL, OR SPECIAL
- DAMAGES, LOST PROFITS, LOST SAVINGS, LOST
- DATA, LOSS OF GOODWILL OR OTHERWISE, OR FOR
- EXEMPLARY DAMAGES, RESULTING FROM YOUR USE
- OR INABILITY TO USE THE SOFTWARE, EVEN IF
- PORTABLE PROJECTS HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
- PORTABLE PROJECTS'S AGGREGATE LIABILITY FOR
- ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT
- EXCEED THE AMOUNTS RECEIVED BY PORTABLE
- PROJECTS FROM YOU FOR SOFTWARE LICENSED
- HEREUNDER.
-
- 9. Governing Law. This Agreement shall be
- governed by, and construed in accordance
- with, the internal laws of the Netherlands.
-
- 10. Entire Agreement. This Agreement is the
- entire agreement between you and Portable
- Projects regarding the Software, and it
- supersedes any information you received
- relating to the Software or the subject
- matter of this Agreement.
-
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
- LICENSE AGREEMENT AND, BY INSTALLING OR USING
- THE SOFTWARE PROGRAM CONTAINED ON THIS
- COMPACT DISK, FLOPPY DISK, OR DOWNLOADED
- FILE INDICATE YOUR ACCEPTANCE OF THE TERMS
- AND CONDITIONS HEREIN.
-