The enclosed computer programs ("Software") are licensed, not sold to you by Qdea for use only under the terms of this License, and Qdea reserves any rights not expressly granted to you. While you are granted certain rights to use the Software, Qdea retains ownership of the Software itself.
SpeedShare works as a client (SpeedShare Client) communicating with a server (SpeedShare Server or SpeedShare Pro Server - both server software products will be referred to generically as "SpeedShare Server").
SpeedShare Client (the software used to connect to a SpeedShare Server) is licensed for your use at no charge. You may make as many copies of SpeedShare Client as you wish, and distribute SpeedShare Client to whomever you wish.
SpeedShare Server is licensed for demonstration and evaluation purposes at no charge. Full use of SpeedShare Server requires the purchase of an unique serial number which enables all functions of SpeedShare Server.
Each unique serial number for SpeedShare Server constitutes a license to install SpeedShare Server with that serial number on one computer. Installing SpeedShare Server on more than one computer requires the purchase of a unique serial number for each computer.
When a serial number for SpeedShare Server is purchased with a limit on the number of users, the server allows access from that number of different computers in one day. For example, a 5-user license allows the server to be accessed from 5 different computers in one day, regardless of what user name(s) are used, or whether some users connect as guests. On the following day, a different set of computers may connect, but only a maximum of 5.
2. Restrictions
The Software contains trade secrets in its human perceivable and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED ON THIS SOFTWARE OR ANY PART THEREOF.
3. Termination
This License is effective until terminated. This License will terminate immediately without notice from Qdea or judicial resolution if you fail to comply with any provision of this License. Upon termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 4, 5 and 6 will survive any termination.
4. Warranty
THIS SOFTWARE IS LICENSED AND DELIVERED ON AN "AS IS" BASIS. QDEA MAKES NO WARRANTY, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING SPEEDSHARE CLIENT, SPEEDSHARE SERVER, OR SPEEDSHARE PRO SERVER AND THE ACCOMPANYING WRITTEN MATERIALS, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
5. Limitation of Remedies and Damages
In no event will Qdea or any of the licensors, directors, officers, employees or affiliates be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable for unforseeable, arising out of the use of the Software or accompanying written materials, regardless of the basis of the claim and even if Qdea or a Qdea representative has been advised of the possibility of such damage. Qdea's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Software that caused the damages.
6. General
This License shall be construed under the laws of Minnesota, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to the law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
