To use the KISSfp software, please first review and agree to this License Agreement:
KISSfp 2.x END-USER LICENSE STATEMENT AND LIMITED WARRANTY
Copyright (c) 1998-1999 by Michael Vorburger (alpha ware). All Rights Reserved.
This End-User License Agreement (EULA) is a legal agreement between you (an individual or an entity, "User") and Michael Vorburger (alpha ware) for the software product KISSfp 2.x ("Software"), which includes the executable computer software program, electronic documentation and other files included in the distribution. By installing, copying, or otherwise using KISSfp, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, contact KISSfp Support for other licensing options, until the establishment of which you are not authorized to use this software. The Software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
ALL VERSIONS
The KISSfp software is available in a FREE evaluation and commercial version. Both the evaluation and commercial versions are subject to the terms and conditions of this Agreement. The commercial version of the software requires payment by you of a license fee. The evaluation version of the software is the only version that is provided without charge. The evaluation version is not free software and is subject to the restrictions set forth below.
This Software is protected by copyright laws and international copyright treaty provisions, as well as other intellectual property laws and treaties. Therefore, you must treat KISSfp like any other copyrighted material. You may not use or copy KISSfp for any other purposes than those described in this Agreement.
This Software is owned by Michael Vorburger (alpha ware) who hereby grants to the user a temporary, non-exclusive license to use this Software solely for internal purposes. User shall not sell, commercially distribute, or use in any profit-oriented endeavor, copy, transfer for any consideration, or reproduce for any purpose, rent, lend, lease, time-share, or sub-license the Software or any modification or derivation thereof, either alone or in conjunction with any other products or programs, without the express permission of the author, with the exception that the KISSfp unregistered evaluation version may be distributed according to the conditions below. You may make copies of KISSfp for backup and archival purposes.
Further, the user shall not disassemble, reverse engineer, modify, translate, decompile, create derivative works based upon the Software, remove any notices or labels of the Software in its output, or otherwise abuse the intended purpose under this License Agreement.
All trademarks used in the Help File and executable program are the property of their respective owners and are used for explanatory purposes only. This product includes software developed by the University of California, Berkeley and its contributors.
While Michael Vorburger (alpha ware) intends to provide upgrades for this Software, Michael Vorburger (alpha ware) reserves the right at any time to change prices, specifications, features, licensing terms, release dates, general availability or other characteristics without further notification to the user. Michael Vorburger (alpha ware) entirely reserves all rights not expressly granted.
UNREGISTERED EVALUATION VERSION LICENSE ("UNR")
You may try the FREE unregistered evaluation version of KISSfp without charge. The FREE unregistered evaluation version is fully functional, but inserts visible KISSfp advertisement in the HTML files it processes. YOU ARE NOT ALLOWED TO MODIFY OR REMOVE THE ADVERTISEMENTS.
If you find KISSfp useful, please register it according to the instructions provided on the KISSfp website, available through the application's Help menu.
KISSfp unregistered evaluation may be distributed freely via media intended to make software available to the public for trial, in the original package or archive form (kissfp2?.exe or kissfp2?.zip) or in any other form, as long as all files of the package are distributed in their entirety and no modification is made.
PRIVATE LICENSE - REGISTERED VERSION ("PVT")
The private license is for non-commercial users processing non-commercial web-sites.
The PVT version enables the cool "insert mail-to & leave-site icon" feature and does not insert visible advertisement, but a notice in the META/GENERATOR tag of the HTML files it processes. This notice is INVISIBLE to your site visitors in rendered HTML and can only be seen by looking at the HTML file source code. YOU ARE NOT ALLOWED TO MODIFY OR REMOVE THIS NOTICE.
One copy of the private version of KISSfp software may either be used (1) by a single person who uses the software personally on one or more computers, or (2) by multiple people non-simultaneously on a single workstation, but not both.
BUSINESS LICENSE - REGISTERED VERSION ("BUS")
The business license is for commercial users processing commercial web sites. Additionally to all features described above for the private license, it does not insert any notice in the HTML files it processes. The Business License gives you priority to receive replies to your support requests.
One copy of the business version of KISSfp software may be used by up to ten concurrent users.
UPGRADE & TRANSFER
If the software and related documentation are provided as an upgrade to an earlier licensed release of the software, then you must have a valid license to operate such earlier release of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be part of the software and is subject to this Agreement. You may transfer an upgrade only in conjunction and together with the licensed software being upgraded.
You may transfer the Licensed Software on a permanent basis, provided you retain no copies, and the recipient agrees to the terms of this License Agreement. Upon such transfer, your license under this License Agreement is automatically terminated. If the software and related documentation is an upgrade to an earlier licensed release of the software, any transfer must include all prior releases of the software and documentation.
DISCLAIMER OF WARRANTY
THE MATERIAL EMBODIED ON THIS SOFTWARE IS PROVIDED TO YOU "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Michael Vorburger (alpha ware) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT Michael Vorburger (alpha ware) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE OR PERFORMANCE OF THIS SOFTWARE.
Michael Vorburger (alpha ware) (i) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE SOFTWARE; (iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND SHOULD IT BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS.
BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH THIS PROGRAM MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER ASSUMES THE ENTIRE RISK OF USING THE PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND THEREFORE YOU ARE NOT GRANTED A LICENSE TO USE THIS SOFTWARE.
You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. Your further agree that is it the complete and exclusive statement of the agreement and supersedes any proposal or prior communications between Michael Vorburger (alpha ware) and the User relating to the subject matter of this Agreement.
You can contact support for questions and comments on the KISSfp website,
available through the application's Help menu.
--- End of KISSfp 2.x License of April 25, 1999 (support for all licenses) ---
--- End of KISSfp 2.x License of April 5, 1999 (Proof-read & spell-check only) ---
--- End of KISSfp 2.0 License of January 12, 1999 (first version) ---
