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- SHAREWARE VERSION: TWEAKBIOS
- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is a
- legal agreement between you, the end-user, and Miro Wikgren
- ("MW"). By continuing the installation of this program, by
- loading or running the program, or by placing or copying the
- program onto your computer hard drive, you are agreeing to be bound
- by the terms of this Agreement.
-
- SOFTWARE LICENSE
-
- 1. Grant of License. MW grants to you the limited right to use
- one (1) copy of the enclosed or foregoing program (the "Software"),
- which is the shareware version the program. For purposes of this
- section, "use" means loading the Software into RAM, as well as
- installation on a hard disk or other storage device. You agree
- that you will not utilize, in any manner, the Software in violation
- of any applicable law.
-
- 2. Commercial Use is Prohibited. Under no circumstances shall
- you, the end-user, be permitted, allowed or authorized to commercially
- exploit the Software, or any portion thereof, such as a screen display
- or a screenshot. Neither you nor anyone at your direction shall do any
- of the following acts:
-
- a. Rent the Software;
-
- b. Sell the Software;
-
- c. Lease or lend the Software;
-
- d. Offer the Software on a pay-per-play basis;
-
- e. Distribute the Software for money or any other
- consideration; or
-
- f. In any other manner and through any medium
- whatsoever commercially exploit the Software or use
- the Software for any commercial purpose.
-
- 3. Additional Prohibited Uses. Neither you, nor anyone at your
- direction, shall take the following action in regard to the
- Software, or any portion thereof, such as a screen display or
- a screenshot:
-
- a. Modify, disassemble, reverse engineer or decompile
- the Software;
-
- b. Translate the Software;
-
- c. Reproduce the Software;
-
- d. Publicly display the Software; or
-
- e. Prepare derivative works based upon the Software.
-
- 4. Restrictions Apply to Third Parties. The prohibitions and
- restrictions described herein apply to anyone in possession of
- the Software.
-
- 5. Permitted Distribution. So long as this Agreement
- accompanies the Software at all times, MW grants to Providers the
- limited right to distribute, free of charge, except normal access
- fees, and by electronic means only, the Software; provided, however,
- the Software must be so electronically distributed only in a
- compressed format. The term "Providers," as used in the foregoing
- sentence, shall mean persons whose business it is to provide
- services on the Internet, on commercial online networks, or on the
- BBS. Anyone who receives the Software from a Provider shall be
- limited to all the terms and conditions of this Agreement. Further,
- MW grants to you, the end-user, the limited right to distribute,
- free of charge only, the Software as a whole.
-
- 7. Copyright. The Software is owned by MW and is protected by
- United States copyright laws and international treaty provisions.
- You must treat the Software like any other copyrighted material,
- except that you may make copies of the Software to give to other
- persons. You may not charge or receive any consideration from any
- other person for the receipt or use of the Software. You agree to
- use your best efforts to see that any user of the Software licensed
- hereunder complies with this Agreement.
-
- 8. Limited Warranty. MW warrants that if properly installed and
- operated on a computer for which it is designed, the Software will
- perform substantially in accordance with its designed purpose for a
- period of ninety (90) days from the date the Software is first
- obtained by an end-user. MW's entire liability and your exclusive
- remedy shall be, at MW's option, either (a) return of the retail
- price paid, if any, or (b) repair or replacement of the Software
- that does not meet MW's Limited Warranty. To make a warranty claim,
- return the Software to the point of purchase, accompanied by proof
- of purchase, your name, your address, and a statement of defect, or
- return the Software with the above information to MW. This Limited
- Warranty is void if failure of the Software has resulted in whole
- or in part from accident, abuse, misapplication or violation of this
- Agreement. Any replacement Software will be warranted for the
- remainder of the original warranty period or thirty (30) days,
- whichever is longer. This warranty allocates risks of product
- failure between Licensee and MW. MW's product pricing reflects this
- allocation of risk and the limitations of liability contained in
- this warranty.
-
- 9. NO OTHER WARRANTIES. MW DISCLAIMS ALL OTHER WARRANTIES,
- EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A pARTICULAR PURPOSE
- WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS,
- IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
- MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. MW
- DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
- UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.
- THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS
- WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
- DISTRIBUTORS, AND DEALERS OF MW ARE NOT AUTHORIZED TO MAKE
- MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF
- OF MW. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
- PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES
- BY MW AND SHOULD NOT BE RELIED UPON.
-
- 10. Exclusive Remedies. You agree that your exclusive remedy
- against MW, its affiliates, contractors, suppliers, and agents for
- loss or damage caused by any defect or failure in the Software
- regardless of the form of action, whether in contract,tort,
- including negligence, strict liability or otherwise, shall be the
- return of the retail purchase price paid, if any, or replacement of
- the Software. This Agreement shall be construed in accordance with
- and governed by the laws of the State of Texas. Copyright and other
- proprietary matters will be governed by United States laws and
- international treaties. IN ANY CASE, MW SHALL NOT BE LIABLE FOR LOSS
- OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH
- OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY
- EVEN IF MW OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do
- not allow the exclusion or limitation of incidental or consequential
- damages, so the above limitation or exclusion may not apply to you.
-
- 11. General Provisions. Neither this Agreement nor any part or
- portion hereof shall be assigned or sublicensed, except as described
- herein. Should any provision of this Agreement be held to be void,
- invalid, unenforceable or illegal by a court, the validity and
- enforceability of the other provisions shall not be affected thereby.
- If any provision is determined to be unenforceable, you agree to a
- modification of such provision to provide for enforcement of the
- provision's intent, to the extent permitted by applicable law. Failure
- of a party to enforce any provision of this Agreement shall not
- constitute or be construed as a waiver of such provision or of the
- right to enforce such provision. If you fail to comply with any terms
- of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
- THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
- OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
- OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO
- BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER
- AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN MW AND
- YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE
- RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES
- ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY
- OTHER COMMUNICATIONS BETWEEN MW AND YOU RELATING TO THE SUBJECT
- MATTER OF THIS AGREEMENT.
-