Usage of the computer software package "BinPatch" is only allowed according to the following terms. Using "BinPatch" signals agreement to these terms. References to "BinPatch" here mean the software package including documentation in all formats and on all platforms including Click'n Patch. Please read this chapter completely!
a) It is our expressed wish, that this you make this release available through all applicable channels.
You are allowed to distribute BinPatch in complete and unmodified form only. Please keep the original archive for others or point them to binpatch.com for download. As a natural exception to this rule, you are allowed to distribute DoPatch along with patch files for your software if you comply with the other terms of this license. You must include this file when you distribute BinPatch or parts of it. Not including this file, means you take full responsibility for it, so you have to disclaim it in the documentation coming along with it.
b) Distributing license files for BinPatch is not allowed. Usage of a license file, which is not yours also. The only exception of this rule is creating patches for your company, which licensed BinPatch and that you are an employee of.
c) It is forbidden to modify BinPatch in any other way than applying patches created for it by Kay Hayen Software. Nobody else may generate patches to be applied on BinPatch.
d) The non-commercial usage of BinPatch is allowed without extra-licensing. Users are welcome to purchase license BinPatch if they like it. Only authors themselves are allowed to create patches for their programs, this is especially true for commercial programs. Please note that shareware, light and trial versions of commercial software are all considered commercial.
e) The commercial usage of GenPatch and Click'n Patch requires purchasing commercial usage license. Usage is commercial, if the patched data is of commercial kind or when shareware is being patched. It is never allowed to generate and distribute patches for commercial data or shareware of other authors or companies. This may only be done by the author himself/herself and of course only using his/their registered version of BinPatch. Free-lancers should contact us for special licenses.
Applying patches will be O.K. as long as the patch does not violate any of these license terms.
License for commercial usage has to be purchased from Kay Hayen Software and comes into effect with the installation of the license file only. Please see commercial licensing types to see what license type applies to you.
f) A company license may not be used by employees for their own projects. Also companies may not use employees' license files for their projects. They both have to purchase a commercial license in order to use BinPatch for their commercial applications.
g) If you want to translate BinPatch into another language, please email us. Only official translations shall be released.
h) It is forbidden to reverse-engineer, decompile or disassemble BinPatch or parts of it. Also it is forbidden to produce products that are based on BinPatch without the explicit permission of Kay Hayen (email: kay@kayhayen.com).
i) Kay Hayen does not warrant that the BinPatch is free from all bugs, errors, and omissions. Kay Hayen may, at his discretion, choose to make a reasonable effort to correct possible program errors.
Except as specifically set forth above, Kay Hayen makes no, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the BinPatch product. Kay Hayen does not warrant, guarantee or make any representations regarding the use or the results of the use of BinPatch in terms of its correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of BinPatch is assumed by customer. The exclusion of implied warranties in not permitted by some jurisdictions, therefore the above exclusions may not apply to the customer.
Except as specifically set forth above, Kay Hayen will in no event be liable to customer for any consequential, incidental or indirect damages (including but not limited to damages for loss of business profits, business interruptions, loss of business information, and the like) arising out of the use or inability to use BinPatch even if Kay Hayen has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusion may not apply to customer. Kay Hayen's liability to customer for actual damages for any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to the purchase price customer paid for the product.
The author is optimistic that BinPatch will fulfill some use, but the only thing guaranteed is that it will consume space on your hard disk. The software package may be used within the terms of this license, but only as-is! No special functionality is guaranteed! The author cannot be held responsible for any damage resulting from the usage of BinPatch! Also the author does not claim any rights on files generated using BinPatch, and can't be held responsible for their contents too.
j) BinPatch Classic and Professional are Copyright (c) 1996-1999 by Kay Hayen.
Note: This license agreement may change with newer releases of a newer versions of BinPatch. Purchased licenses are not affected. Look for the newest version of this document at http://www.kayhayen.com/binpatch/readme.htm.