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Tropic Designs License Agreement
Tropic Designs VERSION 1.0 END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Tropic Designs End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and the Tropic
Designs Group for the SOFTWARE(s) identified above, which
includes the User's Guide, any associated SOFTWARE
components, any media, any printed materials other than the
User's Guide, and any "online" or electronic documentation
("SOFTWARE"). By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not
install or use the SOFTWARE. If the SOFTWARE was mailed to
you, return the media envelope along with the rest of the
package to the location where you obtained it within 30 days
from purchase.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE. The Tropic Designs Group grants you a
limited, non-exclusive, non-transferable, royalty-free
license to use the executable code of the SOFTWARE on your
computer as long as the terms of this agreement are
respected.
3. DISTRIBUTION. You are hereby licensed to make copies of
the SOFTWARE as you wish; give exact copies of the original
SOFTWARE to anyone; and distribute the SOFTWARE in its
unmodified form via electronic means (Internet, BBS's,
Shareware distribution libraries, CD-ROMs, etc.). You may
charge a distribution fee for the package, but you must not
represent in any way that you are selling the SOFTWARE
itself. Your distribution of the SOFTWARE will not entitle
you to any compensation from the Tropic Designs Group. You
must distribute a copy of this EULA with any copy of the
SOFTWARE and anyone to whom you distribute the SOFTWARE is
subject to this EULA.
4. RESTRICTIONS. You may not reverse engineer, de-compile,
or disassemble the SOFTWARE, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation. You may not rent, lease, or
lend the SOFTWARE. You may permanently transfer all of your
rights under this EULA, provided the recipient agrees to the
terms of this EULA. You may not use the SOFTWARE to perform
any unauthorized transfer of information (e.g. transfer of
files in violation of a copyright) or for any illegal
purpose.
5. SUPPORT SERVICES. The Tropic Designs Group may provide
you with support services related to the SOFTWARE. Use of
Support Services is governed by the Tropic Designs Group
polices and programs described in the user manual, in online
documentation, and/or other materials provided by the Tropic
Designs Group, as they may be modified from time to time.
Any supplemental SOFTWARE code provided to you as part of
the Support Services shall be considered part of the
SOFTWARE and subject to the terms and conditions of this
EULA. With respect to technical information you provide to
Tropic Designs Group as part of the Support Services, the
Tropic Designs Group may use such information for its
business purposes, including for product support and
development. The Tropic Designs Group will not utilize such
technical information in a form that personally identifies
you.
6. TERMINATION. Without prejudice to any other rights, the
Tropic Designs Group may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE.
7. COPYRIGHT. The SOFTWARE is protected by copyright laws
and international treaty provisions. You acknowledge that no
title to the intellectual property in the SOFTWARE is
transferred to you. You further acknowledge that title and
full ownership rights to the SOFTWARE will remain the
exclusive property of the Tropic Designs Group and you will
not acquire any rights to the SOFTWARE except as expressly
set forth in this license. You agree that any copies of the
SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
8. NO WARRANTIES. The Tropic Designs Group expressly
disclaims any warranty for the SOFTWARE. THE SOFTWARE AND
ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE Tropic
Designs GROUP OR ITS SUPPLIERS OR WEATHER PULSE PROGRAMMERS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF THE Tropic Designs
GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE Tropic Designs GROUP'S LIABILITY FOR ANY
CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF
LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE
FEE PAID BY YOU.
11. MISCELLANEOUS. Should you have any questions concerning
this EULA, or if you desire to contact the Tropic Designs
Group for any reason, please contact by electronic mail at:
softwaresupport@tropicdesigns.net.