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PC World 2005 November
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mindful
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License.txt
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2005-09-07
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Mindful(TM), Software License Agreement
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Copyright (C) 2004 - 2005, Felitec Inc.
All rights reserved.
This Agreement governs your use of the current Felitec Inc. software
product along with the documentation, manuals, disks and/or any other
material associated with it (the "Software"). BY USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
TRADEMARKS
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"Mindful" and "Mindful SE" are trademarks of Felitec Inc. All other
trademarks are the property of their respective company.
GRANT OF LICENSE
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Subject to the provisions contained herein, Felitec Inc. (herein
"Felitec") hereby grants you a non-exclusive license to use its
accompanying proprietary software (herein "Software"), described as
"Mindful", free of charge. Permission is granted to anyone to use
this software for any purpose. If you use this software in a product,
an acknowledgment in the product documentation would be deeply
appreciated but is not required.
Felitec may have patents or pending patent applications, trademarks,
copyrights, or other intellectual property rights covering the Software.
You are not granted any license to these patents, trademarks,
copyrights, or other intellectual property rights except as expressly
provided herein. Felitec reserves all rights not expressly granted.
COPYRIGHT AND RESTRICTIONS
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The Software is owned by Felitec and is protected by Canadian and
United States copyright laws and international treaty provisions.
Felitec retains all rights not expressly granted. You must treat the
Software like any other copyrighted material. You may not rent or lease
the Software but you may distribute copies of it in its original
distribution form. You may not reverse engineer, de-compile or
disassemble the Software, except to the extent where applicable law
expressly prohibits the foregoing restriction.
COPY DISTRIBUTION
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You may distribute copies of the installation file as-is without any
modification. You may not charge any fee for such distribution. The
origin of this software must not be misrepresented; you must not claim
that you wrote this software. This notice may not be removed or altered
from any source distribution.
WARRANTY DISCLAIMER.
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FELITEC DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY
AND SPECIFICALLY DISCLAIMED. NEITHER FELITEC 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 FELITEC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO
EVENT SHALL FELITEC'S LIABILITY FOR ANY DAMAGES EVER EXCEED
THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE,
REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE
SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE.
Some states do not allow the exclusion of the limit of liability for
consequential or incidental damages, so the above limitation may not
apply to you.
This agreement shall be governed by the laws of the Province of
British Columbia and shall inure to the benefit of Felitec Inc. and
any successors, administrators, heirs and assigns. Any action or
proceeding brought only in a PROVINCIAL or FEDERAL COURT of
competent jurisdiction located in the Penticton district of
British Columbia.