This License applies to all Software authored by Christopher Swan and may be supplemented by additional written agreements as outlined below.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE ALL COPIES OF THE SOFTWARE, AND DO NOT PAY THE REGISTRATION FEE.
License
The software accompanying this License, whether on disk, on compact disc, or any other media, the related documentation and other materials, whether printed or encoded on other media, (collectively, the "Software") are licensed, not sold, to you by Christopher Swan, trading as Raine Storm Softworks, ("Raine") and are protected by copyright law. The title and copyright to the Software are, without restriction of any kind whatsoever, retained exclusively by Raine and Raine's Licensers.
The License allows you to use the software for up to 28 days from the date of first execution of the object code (the "Evaluation Period"). During the Evaluation Period it is your responsibility to determine whether or not the Software is fit for the purpose for which you intend to use it. If you determine that the Software is fit for the purpose for which you intend to use it, and you continue to use the Software beyond the Evaluation Period, then you must pay the Registration Fee (described elsewhere in the Software) to Raine, otherwise you must stop using the Software.
Notwithstanding any other clause in this License, receipt of the Registration Fee by Raine will constitute indefinite extension of this License for use (execution of the object code included with the Software) on a single computer. On receipt of the Registration Fee, Raine will forward a registration code to the electronic or postal address received with the Registration Fee. The registration code will disable certain features in the Software that were designed to bring your attention to the terms of this License.
The Software may be copied and redistributed, provided that no charge whatsoever is levied for any such copying or redistribution without the express written permission of Raine, and that the Software is copied or redistributed in its entirety. Under no circumstances whatsoever shall the registration code or the extended License be transferred without the express written permission of Raine.
The Software in this package and any copies, modifications and distributions which this License authorises you to make, are subject to this License.
Restrictions
The Software contains copyrighted material, trade secrets and other proprietary material and, in order to protect them, you may not decompile, reverse engineer, disassemble, modify, translate, rent, lease, loan, sub license, distribute, make any attempt to discover the source code of Software, or create derivative works based on the Software in whole or part except where expressly permitted in this License.
Termination
Your rights under this License will terminate automatically without notice from Raine if you fail to comply with any term(s) of this License, in which case you must delete the Software.
You may terminate this License at any time by deleting the Software.
Limitation of Liability and Remedies
IN NO EVENT, INCLUDING NEGLIGENCE, WILL RAINE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR ANY OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF RAINE OR AN AUTHORISED RAINE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ANY EVENT, ALL OTHER TERMS OF THE LICENSE SHALL APPLY.
In no event shall Raine's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the Registration Fee paid to Raine. The limitations and exclusions set forth above will apply regardless of whether you accept the Software or whether you pay the Registration Fee.
Disclaimer of Warranty
You are warned that the Software may contain errors and operate in ways that were not intended or anticipated by Raine, and may be incomplete or contain inaccuracies, and that such operation may cause failures or loss of data. You expressly acknowledge and agree that use of the Software is at your sole risk.
The Software is provided “AS IS” and without warranty of any kind and Raine EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
RAINE DOES NOT WARRANT THAT THE SOFTWARE IS FIT FOR THE PURPOSE FOR WHICH YOU INTEND TO USE IT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, RAINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAINE OR AN AUTHORISED RAINE REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT RAINE OR AN AUTHORISED RAINE REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE REGISTRATION FEE FOR THE SOFTWARE REFLECTS THIS ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ANY EVENT, ALL OTHER TERMS OF THE LICENSE SHALL APPLY, AND PARTICULAR ATTENTION IS BROUGHT TO THE PURPOSE OF THE EVALUATION PERIOD, WHICH IS FOR YOU TO DETERMINE FITNESS FOR PURPOSE PRIOR TO PAYING THE REGISTRATION FEE.
Export Law Assurances
You agree that the Software will not be exported outside of your country except as authorised by the law of that country. You also agree that Software that has been rightfully obtained outside of your country shall not be re-exported except as authorised by the laws of your country and of the country in which the Software was obtained.
Controlling Law and Severability
The License shall be governed by the laws of New Zealand. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable then that portion shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and that the remainder of this License shall continue in full force and effect.
Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Raine.
