Installation of HDSketch is contingent on your (hereinafter "Recipient") agreement to the following terms:
GRANT OF LICENSE.
1. Hitchhiker Design grants to Recipient a limited, non-exclusive, nontransferable, royalty-free 30 day license to use one copy of the executable code of the Product software on a single desktop computer and a single U.S. Robotics Pilot PDA for the purposes of evaluation. Once the recipient has registered HDSketch with Hitchhiker design the recipient will receive a registration number that will entitle the recipient to use HDSketch beyond the 30 day evaluation period. All further rights are reserved to Hitchhiker Design. Recipient may not reverse engineer, decompile or disassemble the Product except to the extent that this restriction is expressly prohibited by applicable law.
2. PRODUCT MAINTENANCE.
Hitchhiker Design is not obligated to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by Hitchhiker Design shall be covered by this Agreement.
3. DISCLAIMER OF WARRANTY.
Product is deemed accepted by Recipient. The PRODUCT is provided AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HITCHHIKER DESIGN FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HITCHHIKER DESIGN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF HITCHHIKER DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
4. GOVERNING LAW; ATTORNEYS FEES.
This Agreement shall be governed by the laws of the State of Massachusetts and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of Massachusetts. If either Hitchhiker Design or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
5. ENTIRE AGREEMENT.
This Agreement constitutes the complete and exclusive agreement between Hitchhiker Design and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Hitchhiker Design and Recipient.
