PC World 2004 December (Special)/PCWorld_2004-12_Special_cd.bin/Windows/xp/pebuilder3032.exe/plugin/bst5/bstpelic.txt

Text File | 2003-04-01 | 6KB | 124 lines

Bart's Stuff Test 5, Pro Edition
Copyright (c) 2002-2003 Bart Lagerweij. All rights reserved.

LICENSE

1. By using and/or opening any packaging enclosing this
software, expanding any compressed file containing this
software or by utilizing this software, you agree to be
bound by the terms of this license agreement.

2. The software, documentation and any other materials
accompanying this License whether on disk, in read only
memory, on any other media or in any other form
(collectively the "Software") are licensed, not sold, to you
by Bart Lagerweij, as well as his respective members,
agents, directors, officers, servants and representatives,
if any, (collectively "Licensor") for use only under the
terms of this License, and Licensor reserves all rights not
expressly granted to you. The rights granted herein are
limited to Licensor's intellectual property rights in the
Software and do not include any other patents or
intellectual property rights. You own the media on which the
Software is recorded but Licensor retains ownership of the
Software itself. The rights granted under the terms of this
License include any software upgrades that replace and/or
supplement the original Software product, unless such
upgrade contains a separate license.

3. Copying, publishing and distributing the Software, is not
allowed. However, this licence authorizes you to make backup
and/or working copies of the Software onto other media for
its lawful use or for back-up purposes, provided that no
copy results in the software being used by another person
who does not have a valid license to use the software.

4. You shall not decompile, reverse engineer, disassemble or
otherwise reproduce any part of this Software to human
readable form nor permit any third party to do so, nor shall
you permit any third party to copy, make error corrections
to or otherwise modify, adapt or translate the Software nor
create derivative works from the Software.

5. This License is effective until terminated. Your rights
under this License will terminate automatically without
notice from Licensor or if you fail to comply with any
term(s) of this License. Upon the termination of this
License, you shall cease all use of the Software and destroy
all copies of it, whether full or partial.

6. Selling or charging a fee for the Software is prohibited.
The license you have is not transferable.

7. The Software, in whole or in part, may not be
incorporated with or into any other software product.

8. You expressly acknowledge and agree that use of the
software is at your sole risk and that the entire risk as to
satisfactory quality, performance, accuracy and effort is
with you. Licensor does not warrant against interference
with your enjoyment of the software, that the functions
contained in the software will meet your requirements, that
the operation of the software will be uninterrupted or
error-free, or that defects in the software will be
corrected. Should the software prove defective, you assume
the entire cost of all necessary servicing, repair or
correction.

9. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. No oral or written advice given
by Licensor or by an authorized representative of Licensor
shall create a warranty.

10. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR
ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

11. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION
IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

12. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM
LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE.

13. In no event shall Licensor's total liability to you for
all damages exceed the amount of $50.00. The foregoing
limitations will apply even if the above stated remedy fails
in its essential purpose.

14. This License constitutes the entire agreement between
the parties with respect to the use of the Software licensed
hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment
to or modification of this License will be binding unless in
writing and signed by Licensor. Any translation of this
License is done for local requirements and in the event of a
dispute between the English and any non-English versions,
the English version of this License shall govern.

15. This License will be governed by and construed in
accordance with the laws of the Netherlands, as applied to
agreements entered into and to be performed entirely within
the Netherlands between Dutch residents. This License shall
not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the
application of which is expressly excluded.

16. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue
in full force and effect.