PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE
This is a legal agreement between you and HIGHWARE. By installing the software, you indicate your acceptance of these terms and conditions. The product may contains several software elements and related documentation which are the property of the Highware as well as of other parties (hereinafter referred to as "the Other Owners").
In consideration of payment of the License Fee, Highware grants you a non-exclusive license to use the Highware Software only under the terms and conditions as provided for in this agreement. The License granted herein is not a sale of the original Software. As Licensee, you may use the Software on a single computer (single CPU) at a time.
You may not sub-license, sell, lease, market, or otherwise dispose of the Software without the express written consent of Highware. You do not have the right to copy or reproduce the Software in whole or in part for any reason whatsoever which may be outside the normal use of the Software or to make a backup of the Software in a form accessible to the machine. You may be liable to legal sanctions for any infringement resulting from your breach of any of the material terms of this License.You will observe that the packages contain certain Copyright Notices; you must reproduce and include the said Copyright Notices on all copies or reproductions which you make; and you acknowledge that the said copies or reproductions are the property of Highware and the Other Owners.You may not alter, modify or adapt the Software or merge them in whole or in part in a software; or translate, decompile or disassemble them; or create any software, any functions derived from the Software without the express and written authorization of Highware and the Other Owners.
TERMINATION
The License is effective until terminated. The License shall automatically be terminated should you breach any material terms or conditions of this licence. You can terminate it at any time by informing Highware of this in writing. You agree to destroy the Software and their copies as of the time of termination and to notify Highware in writing immediately that this destruction has been effected.
LIMITATION OF WARRANTY AND LIABILITY
1. Although Highware has checked the Software and the documentation, Highware does not guarantee that the Software will conform to your requirements, nor that they will function correctly in any computing environment whatsoever (hardware, software) or that they will function uninterruptedly or infallibly.
2. The Software is sold "as is". Highware and its Distributors make no express or implied warranties with respect to the Software and related documentation and specifically disclaim without limitation (1) any warranties of merchantability or fitness for any particular purpose and (2) any liability for any damages - including lost profits, lost savings, loss of use, interruption of business, or other incidental, special, compensatory, indirect, exemplary, or consequential damages - arising out the use of the Software and related documentation, even if the company has been advised of the possibility of such damages. No oral or written information or advice given by Highware or a Highware authorized representative shall create a warranty or in any way increase the scope of this warranty.
Highware and its licensors are not liable for any claims or damages whatsoever, including property damage, personal injury, intellectual property infringment, loss of profits, or interruption of business, or for any special, consequential or incidental damages, however caused, whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or otherwise.
3. No distributor, dealer, agent or intermediary of Highware is authorized to make any modifications or additions to THE FOREGOING WARRANTY OR THIS LIMITATION OF LIABILITY.
GENERAL
Licensee agrees not to export/re-export the Software and accompanying documentation in violation of any applicable laws or regulations.
To the extent that any of the provisions of this Licence are found by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provisions shall be modified or deleted in such a manner so as to make the License as modified valid, legal and enforceable, and the balance of the License shall not be affected thereby.
This licence is construed under the laws of Belgium.
You acknowledge having read this License, understood all its provisions, and you agree to respect them in their entirety. You further acknowledge that this License contains the complete and exhaustive statements of the agreement concluded between you and Highware concerning the Software and the related documentation and that it replaces any previous agreements or proposals, written or oral, or any other communication relative to the object of this License.
