READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING OR DISTRIBUTING SCITECH SOFTWARE'S DOCUMENTATION, SOFTWARE AND ADDITIONAL MATERIALS (THE "PRODUCT"). THE PRODUCT IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU AND BY INSTALLING, USING OR DISTRIBUTING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT INSTALL, USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND SCITECH SOFTWARE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. EVALUATION PERIOD. In order to determine whether the Product meets your needs, you may use a Trial Copy of the Product for an evaluation period of up to 21 days. Your evaluation period begins when you first install the Product. Once the evaluation period ends, you agree to either to purchase the Product or to stop using it and remove it from your computer system. If you have ordered the Product from SciTech, you may continue to use your Trial Copy until your Registered Copy arrives.
2. USE OF THE PRODUCT. Once the evaluation period is over and you purchase the Product, you may use the product on one computer per license purchased. You must not (a) defeat, or try to defeat, messages in the Product which encourage users to register; (b) modify or prepare derivative works of the Product; (c) or reverse engineer, decompile or disassemble the Product; (d) use unauthorized patches or registration codes with the Product.
3. DISTRIBUTING TRIAL COPIES OF THE PRODUCT. You may make copies of the full, unregistered Trial version of the Product to give to others, subject to the following limitations:
a.) Upon request by SciTech Software, you must immediately cease distribution of the Product.
b.) Without prior, expressed written permission from SciTech Software, you may NOT:
i.) Bundle Trial copies of this Product with freeware, shareware or commercial products.
ii.) Sell Trial versions of the Product (shareware distribution companies may charge normal shipping
and handling fees).
iii.) Distribute the DOS install version of the Product (it is only available on the SciTech ftp site).
c.) Under no circumstances can you:
i.) Distribute registered or registerable versions of the Product.
ii.) Defeat, or attempt to defeat, messages in the Product which encourage users to register their
software or actively discourage user registration in any other way, such as with the use of
unauthorized patches.
iii.) Distribute prior versions of the Product.
iv.) Ship incomplete versions of the Product.
4. COPYING REGISTERED COPIES OF THE PRODUCT. When you receive a Registered Copy of the Product or a registration code you may make copies of the Product which are necessary for normal backup purposes only. You agree not to make any other copies of the software, the manual(s), or any part of them, or sell or give any copies or registration codes to others.
5. LEGAL DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT WILL SCITECH SOFTWARE, OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. GOVERNING LAW. This License Agreement shall be construed and governed in accordance with the laws of the State of California, USA.
7. COSTS OF LITIGATION. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
8. SEVERABLILITY. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
