BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND DO NOT USE THE SOFTWARE.
This legal document is an agreement between you, the end user ("Licensee"), and InterMute, Inc. ("Licensor").
CWShredder is a trademark of InterMute, Inc. Copyright 2004 InterMute, Inc.
LICENSOR hereby grants to you, the Licensee, a nonexclusive right to install and use this copy of the CWShredder software (hereinafter, "The Software") on a single computer. LICENSOR reserves all rights not expressly granted to Licensee.
1. LIMITED 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. Do not use it in any situation in which correct functioning is critical. The entire risk as to the results and performance of The Software is assumed by you, the Licensee. If The Software is defective, you, and not LICENSOR or any distributor, agent or employee of LICENSOR, assume the entire cost of all necessary servicing, repair or correction. 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.
THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or have reason to know of your particular needs.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
IN NO EVENT SHALL LICENSOR, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, DISTRIBUTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED $30.00 US. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
2. You may not modify, adapt, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on The Software.
3. Shareware and freeware web sites may distribute The Software as a stand alone program from their web sites, provided there is no charge for people to download or use The Software. No other distribution of The Software is permitted without a written agreement to do so from Licensee. You may not distribute The Software on CD or any other media, nor bundle The Software together with any other software without prior written agreement with Licensee.
4. ENTIRE AGREEMENT: This written License Agreement is the exclusive agreement between you and LICENSOR concerning The Software. This agreement is subject to the laws and jurisdiction of the courts of the Commonwealth of Massachusetts, USA. If a court of competent jurisdiction invalidates one or more of the terms of this contract, the surviving terms continue in force. This License Agreement is effective upon the earlier of your (1) use of The Software; or (2) your manifesting assent to these terms as by clicking on the "I AGREEE" button shown when you installed The Software.
