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TemaCD
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License.txt
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2001-08-03
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ALLNETIC WORKING TIME TRACKER - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS
AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE
OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS
SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED
UPON COMPLIANCE BY USER WITH THE TERMS OF THIS
AGREEMENT.
LICENSE GRANT. CHMV Software grants you a license to
use any quantity of copies of the version of this
SOFTWARE on any hardware product. "You" means the
company, entity or individual. "Use" means storing,
loading, installing, executing or displaying the
SOFTWARE. You may not modify the SOFTWARE or disable
any licensing or control features of the SOFTWARE
except as an intended part of the SOFTWARE's
programming features. This license is not transferable
to any other hardware product or other company, entity,
or individual.
OWNERSHIP. The SOFTWARE is owned and copyrighted by
CHMV Software. Your license confers no title or
ownership in the SOFTWARE and should not be construed
as a sale of any right in the SOFTWARE.
COPYRIGHT. The SOFTWARE is protected by United States
copyright law and international treaty provisions. You
acknowledge that no title to the intellectual property
in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the
SOFTWARE will remain the exclusive property of CHMV
Software and you will not acquire any rights to the
SOFTWARE except as expressly set forth in this license.
You agree that any copies of the SOFTWARE will contain
the same proprietary notices which appear on and in the
SOFTWARE.
UNAUTHORIZED USE. You may not use, copy, rent, lease,
sell, modify, decompile, disassemble, otherwise reverse
engineer, or transfer the SOFTWARE except as provided
in this agreement. Any such unauthorized use shall
result in immediate and automatic termination of this
license.
U.S. GOVERNMENT INFORMATION. Use, duplication, or
disclosure by the U.S. Government of the computer
software and documentation in this package shall be
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.277-7013 (Oct 1988) and
FAR 52.227-19 (Jun 1987).
LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS
IS" BASIS. CHMV SOFTWARE DISCLAIMS ALL WARRANTIES
RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER CHMV SOFTWARE NOR ANYONE
ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN
IF CHMV SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE
BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE
EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION
OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE
LICENSE FEE PAID TO CHMV SOFTWARE.
SEVERABILITY. In the event of invalidity of any
provision of this license, the parties agree that such
invalidity shall not affect the validity of the
remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
SHALL CHMV SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU
FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF CHMV
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL CHMV SOFTWARE'S LIABILITY FOR
ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
YOU, IF ANY.
GOVERNING LAW. This agreement shall be governed by the
laws of Ukraine excluding the application of its
conflicts of law rules and shall inure to the benefit
of CHMV Software and any successors, administrators,
heirs and assigns. Any action or proceeding brought by
either party against the other arising out of or
related to this agreement shall be brought only in a
STATE or FEDERAL COURT of competent jurisdiction
located in Ukraine, Lugansk. The parties hereby
consent to in personam jurisdiction of said courts. The
United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
ENTIRE AGREEMENT. This is the entire agreement between
you and CHMV Software which supersedes any prior
agreement or understanding, whether written or oral,
relating to the subject matter of this license.
RESERVED RIGHTS. All rights not expressly granted here
are reserved to CHMV Software.