This is an agreement between you, the end user, and Matt Fairclough (hereinafter the "Vendor"). By installing and/or using this software, you are agreeing to become bound by the terms of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.
This software is protected by copyright laws and international treaties and may only be used in accordance with the license terms.
Do not install or use the software until you have read and accepted all of the warnings and license terms. Permission to use the software is conditional upon you agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with Matt Fairclough.
The installation of this program will install files necessary to operate the program onto your computer. Other system files, such as .DLLs may be installed or updated and Windows registry entries may be made. Uninstalling the program will not remove all of the installed files or registry entries. As with all installations, it is recommended that you back up your hard drive before you install this program.
LICENSE. Vendor grants to you a non-exclusive right to use this software program (hereinafter the "Software") during the term of the pre release evaluation period in accordance with the terms contained in this license. You agree to allow this Software to store small amounts of information necessary to protect the software against unauthorized use, and you acknowledge that Vendor will not disclose any information related to removing or overcoming such anti-piracy information stored in your system at any time.
OWNERSHIP OF SOFTWARE. Vendor and its suppliers retain the copyright, title and ownership of the Software and the written materials.
TERM - NON-COMMERCIAL USE. If you use the Software personally and not for a business or commercially, this License commences upon the installation of the software and is effective until terminated by Vendor. Vendor may terminate this License for any reason or for no reason. Vendor may have included code in the software that will cause the software to terminate automatically after a certain date or after a certain number of uses. Such termination may occur without notice to you. This License will automatically terminate, without notice, upon the commercial release of the software program. Upon termination you shall remove the Software from your computer(s).
TERM - COMMERCIAL USE. If you are a business entity, educational institution, government entity or you use this Software in a business or other than personally, this License commences upon the installation of the software and is effective for 30 days following the date you install the SOFTWARE. This License terminates automatically without notice from Vendor upon the expiration of the evaluation term or if you fail to comply with any provision of this License. Upon termination you shall remove the SOFTWARE from your computer(s).
TERM - COMMERCIAL REGISTRATION. If you are a business entity, educational institution, government entity or you use this Software in a business or other than personally and wish to use it beyond the 30-day evaluation period, you must pay the registration fee to Vendor.
US GOVERNMENT RESTRICTED RIGHTS. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Matt Fairclough, 15 Lupus Way, Great Sutton, Ellesmere Port, Cheshire CH66 2RE, England.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, FURTHER, VENDOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE,YOU, AND NOT VENDOR OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDOR PROVIDES THIS SOFTWARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER VENDOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will Vendor's liability for any damages to you or any other person exceed the amount paid for the license to use the Software. Vendor shall have no obligation to provide technical support, maintenance, updates or other support for the Software. Vendor shall have no obligation to release a commercial version of the Software.
This License shall be governed and construed in accordance with the laws of United Kingdom and shall benefit Vendor, its successors and assigns. Any claim or dispute between you and Vendor or against any agent, employee, successor or assign of Vendor, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the mutual agreement of the parties. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction..
