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1998-01-17
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SWAT Consulting Inc. SOFTWARE AGREEMENT
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS,
DO NOT INSTALL THE SOFTWARE.
1. USE
You may use the Software, in the quantities purchased,
provided you abide by the terms and conditions of this
Agreement.
FOR TRIAL USE:
You may evaluate the Software for a period of fifteen (15) days
(the "Trial Period"). If you wish to continue using the
Software, you must register the Software during the
Trial Period in order for your continued use of the Software to
be legal. Multiple Trial Periods are prohibited.
Software acquired for evaluation during a Trial Period is
provided on an "AS IS" basis. SWAT Consulting makes no warranty,
representation, promise or guarantee, either express or implied,
statutory or otherwise, with respect to the Software, the user
documentation or any related technical support, including their
quality, performance, merchantability or fitness for a particular
purpose. 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.
2. RESTRICTIONS
You may not alter, merge, modify or adapt the Software in any
way including reverse engineering, disassembling or decompiling.
You may distribute the shareware Software freely as long as all
accompanying files in the ZIP file remain intact.
You may not sell, distribute, loan, rent, lease, license or
otherwise transfer registered Software.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and user
documentation are owned by the author and are protected by United
States intellectual property laws (including patent, trademark and
copyright laws), other applicable intellectual property laws, and
international treaty provisions. SWAT Consulting retains all rights
not expressly granted.
4. WARRANTY
SWAT Consulting makes no warranty, representation, promise or
guarantee, either express or implied, statutory or otherwise, with
respect to the Software, the user documentation or any related
technical support, including their quality, performance,
merchantability or fitness for a particular purpose.
The warranty and remedies set forth herein are exclusive and in
lieu of all others, oral or written, express or implied. This
warranty gives you specific legal rights, and you may also have
other rights which vary from state to state.
5. LIMITATION OF LIABILITY
In no event will SWAT Consulting be liable for (i) indirect,
special, incidental, tort, economic, cover or consequential damages
arising out of the use of or inability to use SWAT Consulting's
products or services, including, without limitation, damages or
costs relating to the loss of profits, business, goodwill, data
or computer programs, even if advised of the possibility of such
damages, or (ii) any claim that arose more than one (1) year prior
to the institution of suit thereon. In no case shall SWAT Consulting's
liability exceed the amount paid by you for the Software.
The foregoing limitations shall not apply to claims relating to
death or personal injury which arise out of products deemed to be
consumer goods under applicable law. Some states, provinces or
countries do not allow the exclusion or limitation of implied
warranties or limitation of liability for incidental or
consequential damages, so the above exclusion or limitation may
not apply to you.
6. MORE INFORMATION: Should you have any questions concerning
this Agreement or SWAT Consulting's software use policies, email
sales@newsbin.com.
IF YOU DO NOT AGREE WITH THE ABOVE TERMS AND CONDITIONS,
DO NOT INSTALL THE SOFTWARE.