CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY DUALITY SOFTWARE. BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU ("CUSTOMER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
This SOFTWARE is owned by Duality Software and is protected by national copyright laws and international copyright treaties.
Duality Software may revise the AGREEMENT from time to time. You should consult the most current version of this document to ensure your activities conform to the most recent version.
If you acquired this SOFTWARE as an upgrade of a previous version, this AGREEMENT replaces and supersedes any prior AGREEMENTS. You may not continue to use any prior versions of the SOFTWARE.
GRANT OF LICENSE AND PROHIBITIONS. This SOFTWARE is licensed to you, not sold. You are not obtaining title to the SOFTWARE or any copyrights. You may not sublicense, sell, rent, lease, convey, emulate, clone, modify, translate, convert to another programming language, reverse engineer, decompile, or disassemble the SOFTWARE for any purpose.
DISTRIBUTION RIGHTS. Duality Software grants you a royalty-free license to copy and distribute the SOFTWARE and documentation in its unmodified form electronically or on physical media means, provided that you (a) use best efforts to accurately reproduce the SOFTWARE; (b) indemnify Duality Software against any claims resulting from your failure to do so; and (c) comply with all other provisions of this AGREEMENT. You are specifically prohibited from (1) charging or requesting donations for any copies, or (2) distributing the SOFTWARE or documentation in conjunction with any other products (commercial or otherwise) for which a fee is charged without prior written permission from Duality Software.
LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND DUALITY SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER DUALITY SOFTWARE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR DOCUMENTATION, EVEN IF DUALITY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL DUALITY SOFTWARE' LIABILITY FOR ANY DAMAGES, REGARDLESS OF THE FORM OF CLAIM.
COPYRIGHT NOTICE. Copyright ⌐ 2001-2005 Duality Software. All Rights Reserved.
TERMINATION. This AGREEMENT terminates on the date of the first occurrence of either of the following events: (1) One party breaches any terms of this AGREEMENT or any terms of any other agreement between CUSTOMER and Duality Software, that are either uncorrectable or that the breaching party fails to correct within one (1) month after notification by the other party.
All rights not expressly granted here are reserved to Duality Software.
