READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING OR DISTRIBUTING MAGELLASS CORP SOFTWARE DOCUMENTATION, SOFTWARE AND ADDITIONAL MATERIALS (THE "PRODUCT"). THE PRODUCT IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU AND BY USING OR DISTRIBUTING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND MAGELLASS CORP (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. EVALUATION PERIOD. You may use a Shareware Copy of the Product for an evaluation period of up to 10 days (can extend until 30 trial days), in order to determine whether the Product meets your needs before purchasing it. Once the evaluation period ends, you agree to either purchase a Registered Copy of the Product, or to stop using it.
2. USE OF THE PRODUCT. While you are evaluating the Product, you may use it on as many computers as are required to perform your evaluation. Your 10 or 30-day evaluation period begins when you first install the Product on one or more computers for evaluation purposes.You must not (a) defeat, or try to defeat, messages in the Product which encourage users to register; (b) modify or prepare derivative works of the Product; (c) or reverse engineer, decompile or disassemble the Product.
3. DISTRIBUTING SHAREWARE COPIES OF THE PRODUCT. You may make copies of your full, unregistered Shareware Copy of the Product to give to others, however you may not sell Shareware Copies of the Product for a profit (shareware distribution companies may charge their normal shipping and handling fees). Also, you may not: (a) distribute registered versions of the Product; (b) ship incomplete versions of the Product; (c) defeat, or try to defeat, messages in the Product which encourage users to register their software or actively discourage user registration in any other way.
4. COPYING REGISTERED COPIES OF THE PRODUCT. When you receive a Registered Copy of the Product you may make copies of the Product which are necessary for normal backup purposes only. You agree not to make any other copies of the software or any part of it, or sell or give any copies or registration codes to others.
5. LEGAL DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT WILL MAGELLASS CORP, OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
7. SEVERABILITY. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
8. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
