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- END USER LICENSE AGREEMENT
-
- CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE CONTINUING.
- PRESSING THE "YES" BUTTON TO INSTALL SMARTDIR 3.0 (the "SOFTWARE")
- CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
- TO THESE TERMS, PLEASE PRESS THE "NO" BUTTON AND EXIT THE INSTALL.
-
- This Agreement is made between you, either as an individual or entity,
- and Gavlock Consulting (the "LICENSOR").
-
- 1. Shareware and Registered Versions.
- The shareware version of the SOFTWARE may be freely distributed for
- evaluation purposes without charge. It is a complete working version
- of the program but limits the number of report items processed after
- the first 20 reports (to help provide a full evaluation, there are no
- limits placed on the first 20 reports generated). If, after evaluating
- the SOFTWARE, you find it useful and would like to continue using it
- with these limits removed, a $20 registration fee is required.
- The installed Register.txt file describes the registration options.
-
- 2. License Grant.
- LICENSOR grants to you a personal, non-transferable, and non-exclusive
- right to use the object code version of the SOFTWARE provided with this
- license. The term of this Agreement will be for the duration of LICENSOR's
- copyright in the SOFTWARE. A single-user license allows a registered copy
- of the SOFTWARE to be used on one or more computers but only by the person
- who registered it. A multi-computer site license allows a registered copy
- of the SOFTWARE to be used on the number of computers specified.
- You agree that you may not copy the written materials accompanying the
- SOFTWARE. You may assign your rights under this Agreement to a third party
- who agrees in writing to be bound by this Agreement prior to the
- assignment and provided that you transfer all copies of the SOFTWARE and
- related documentation to the third party or destroy any copies not
- transferred. Except as set forth above, you may not assign your rights
- under this Agreement.
-
- 3. Copyright.
- 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
- LICENSOR or its suppliers, and you will not acquire any rights to the
- SOFTWARE except as expressly set forth above. You agree that any copies of
- the SOFTWARE will contain the same proprietary notices which appear on and
- in the SOFTWARE.
-
- 4. Reverse Engineering.
- You agree that you will not attempt, and if you are a corporation, you will
- use your best efforts to prevent your employees and contractors from
- attempting, to reverse compile, modify, translate, or disassemble the
- SOFTWARE in whole or in part.
-
- 5. Disclaimer of Warranty.
- THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE SUPPLIED
- "AS IS". LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES TO
- THE EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS THE
- WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
- PURPOSE. IF SUCH DISCLAIMER IS NOT PERMITTED BY LAW, THE
- DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 90 DAYS
- FROM THE DATE OF REGISTRATION. SOME JURISDICTIONS DO NOT
- ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
- HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH
- LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
- GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
- RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
-
- 6. Customer Remedies.
- LICENSOR's entire liability and your sole and exclusive remedy shall be,
- at LICENSOR's option, either to (a) correct the error, (b) help you work
- around or avoid the error, or (c) authorize a refund of any registration
- fee paid, in which case the SOFTWARE must also be removed from your
- computer(s).
-
- 7. Severability.
- In the event of invalidity of any provision of this Agreement, the
- parties agree that such invalidity shall not affect the validity of the
- remaining portions of this Agreement.
-
- 8. No Liability for Consequential Damages.
- IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
- SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT
- OF THE USE OF THE LICENSOR SOFTWARE, EVEN IF LICENSOR HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
- LICENSOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
- OR ANY OTHER THEORY OF LIABILITY, EXCEED THE REGISTRATION FEE
- PAID BY YOU.
-
- 9. Export.
- You agree that you will not export or re-export the SOFTWARE
- without the appropriate United States or foreign government licenses.
-
- 10. Governing Law.
- This Agreement will be governed by the laws of the State of Iowa as
- they are applied to agreements between Iowa residents entered into and
- to be performed entirely within Iowa. The United Nations Convention on
- Contracts for the International Sale of Goods is specifically disclaimed.
-
- 11. Entire Agreement.
- This is the entire agreement between you and LICENSOR which supersedes
- any prior agreement, whether written or oral, relating to the subject
- matter of this Agreement.
-
- Should you have any questions concerning this Agreement, or if you desire
- to contact LICENSOR for any reason, please write to Gavlock Consulting,
- PO Box 25102, West Des Moines, IA 50265-9402 or send an email note to
- info@gavlockconsulting.com.
-