This software is licensed, not sold. You may use this software only as described in this agreement. If you do not agree to the terms of this agreement, do not install the Software or use any registration number that was provided with the Software.
1. SOFTWARE. The capitalized term "Software" refers to the object code for the computer program known as Throttle, any updates, supplemental code or programs provided to you by PGWARE with or in connection with Throttle, the user's manual and Help file, any components, any related media and printed materials, and any related "online" or electronic documentation.
2. GRANT OF LICENSE. You must enable the license for the Software by entering the registration number as prompted by the Software. The term of the license is perpetual. You may use the Software on that number of computers for which you have purchased a separate license as indicated on the invoice or sales receipt. You may also make one copy of the Software for back-up or archival purposes. You agree to use the software solely and exclusively for the purposes of evaluation, for a period of not exceeding 28 days. On the expiry of this period, or when you have completed your evaluation (whichever comes first) you agree to either a) obtain a full license for the software, or b) cease using the software and to delete all the installed copies of the software that you have made.
3. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble, merge, adapt, or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software.
4. SUPPORT SERVICES. PGWARE may provide you with support services related to the Software. Use of support services is governed by the user's manual, online documentation, and other PGWARE materials, as they may be modified from time to time. PGWARE may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
5. INFORMATION COLLECTION. The Software includes a feature that assigns a unique order number to Throttle based on purchase information. The Software reports this number to us either when you run the Software or enter your registration number, or both. The Software does not report any personal identifiable information to us in any way. We use this information strictly to count the number of installations and detect piracy of the Sofware.
6. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit PGWARE's other rights it may have by law.
7. INTELLECTUAL PROPERTY. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that PGWARE retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software. The Software is protected by United States copyright, patent and trademark laws and international treaty provision.
8. EXPORT RESTRICTIONS. You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries that are embargoed or restricted or to certain restricted persons. Embargoed and restricted countries currently include Cuba, Iran, Iraq, Libya and Sudan.
9. NO WARRANTIES AND RELEASE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO THIRTY (30) DAYS FROM YOUR RECEIPT OF A COPY OF THE SOFTWARE. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
10. LIMITATION OF LIABILITY. PGWARE IS NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF PGWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS APPLICABLE LAW PROVIDES OTHERWISE, PGWARE'S LIABILITY FOR ANY CLAIM RELATED TO YOUR PURCHASE OF A LICENSE FOR OR USE OF THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S. $5.00 OR THE LICENSE FEE PAID BY YOU.
11. U.S. GOVERNMENT. The Software is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose and reproduce the Software are governed by the terms of this License.
12. MISCELLANEOUS. This license is governed by the laws of the United States. This license is not governed by the United Nations Convention of Contracts for the International Sale of Goods. You agree to submit to the jurisdiction of courts sitting in the United States for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in the United States. This license constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for our statement of the number of separate license fees for which you have paid as described in Section 2, above. This license may only be modified by a written document signed by PGWARE. No PGWARE dealer or distributor is authorized to change the terms of this license. If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.
