This is a legal agreement between you and Rampart Solutions covering your use of URL + (SHAREWARE). Be sure to read the following agreement before using the software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT. This Rampart Solutions End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Rampart Solutions. By installing, copying, or otherwise using URL + (SHAREWARE) Version ("the Software") on any computer or device, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the Software.
TERMS
This software is distributed as shareware. Rampart Solutions grants you a non-exclusive license to use the Software for thirty days from the date of first use, after which time you are required to purchase a license to continue use ("Register") or destroy all copies of the Software. You can Register online for $5.00 US through PalmGear H.Q. (http://www.palmgear.com) or by sending $5.00 US to Rampart Solutions Registration - 350 Lexington Rd. Waterloo, Ontario, N2K 1X2, Canada.
WARRANTY
The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you, and not Rampart Solutions assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
DISTRIBUTION
Commercial distribution of the Software is not allowed without permission of Rampart Solutions. Contact Rampart Solutions for details on obtaining a license. Non-commercial distribution is permitted, provided that this license accompanies the Software and all users agree to the terms of this license agreement.
You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. You may not copy the Software other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software. You must maintain all copyright notices on all copies of the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the Software shall remain in Rampart Solutions. The Software is protected by the copyright laws and treaties of Canada.
TERMINATION.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL RAMPART SOLUTIONS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL RAMPART SOLUTIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT RAMPART SOLUTIONS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF RAMPART SOLUTIONS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Rampart Solutions and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the province of Ontario, Canada (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Should you have any questions concerning this EULA, or if you desire to contact Rampart Solutions for any reason, please contact Rampart Solutions: Rampart Solutions/350 Lexington Rd./Waterloo, Ontario, N2K 1X2.
