home *** CD-ROM | disk | FTP | other *** search
- ELECTRONIC END USER LICENSE AGREEMENT
- FOR RESOURCE TUNER version 1.95
-
- NOTICE TO USER: CAREFULLY READ THE FOLLOWING LEGAL
- AGREEMENT. BY INSTALLING THIS SOFTWARE YOU ACCEPT
- ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
-
- This Heaventools Software ("Heaventools") End User License Agreement
- accompanies the Heaventools Resource Tuner product and related
- explanatory materials ("SOFTWARE"). The term "SOFTWARE" also shall
- include any upgrades, modified versions or updates of the Software
- licensed to you by Heaventools. By installing and/or using the enclosed,
- attached, or about-to-be-installed software you are agreeing to be bound
- by the terms of this End User License Agreement. If you do not agree to
- the terms of this End User License Agreement, promptly stop the
- installation process, cease to use SOFTWARE, and erase this SOFTWARE
- and all of its associated files from your system.
-
- 1. LICENSE GRANT.
-
- Heaventools grants you a license to use one copy of the version
- of this SOFTWARE on any one hardware product for as many licenses
- as you purchase. "You" means the company, entity or individual
- whose funds are used to pay the license fee. "Use" means storing,
- loading, installing, executing or displaying the SOFTWARE. If you
- install the SOFTWARE onto a multi-user platform or network, each
- and every individual user of the SOFTWARE must be licensed
- separately or be covered by a site license.
- You may not modify the SOFTWARE or disable any licensing or
- control features of the SOFTWARE except as an intended part of
- the SOFTWARE's programming features. When you first obtain a copy
- of the SOFTWARE, you are granted an evaluation period of not more
- than 30 days, after which time you must pay for the SOFTWARE
- according to the terms and prices discussed in the SOFTWARE's
- documentation, or you must remove the SOFTWARE from your computer.
- This license is not transferable to any other hardware product or
- other company, entity, or individual. You are expected to use the
- SOFTWARE on your system and to thoroughly evaluate its usefulness
- and functionality before making a purchase.
- This "try before you buy" approach is the ultimate guarantee that
- the SOFTWARE will perform to your satisfaction.
-
- Any use of the SOFTWARE which is illegal under international or
- local law is forbidden by this licence. Any such action is the sole
- responsibility of the person committing the action.
-
- 2. OWNERSHIP.
-
- The SOFTWARE is owned and copyrighted by Heaventools Software.
- Your license confers no title or ownership in the SOFTWARE and
- should not be construed as a sale of any right in the SOFTWARE.
-
- 3. COPYRIGHT.
-
- The SOFTWARE is protected by United States copyright law and
- international treaty provisions. You acknowledge that no title to
- the intellectual property in the SOFTWARE is transferred to you.
- You further acknowledge that title and full ownership rights to
- the SOFTWARE will remain the exclusive property of Heaventools and
- you will not acquire any rights to the SOFTWARE except as expressly
- set forth in this license.
- You agree that any copies of the SOFTWARE will contain the same
- proprietary notices which appear on and in the SOFTWARE.
-
- 4. RESTRICTIONS.
-
- You agree that you will not attempt to reverse compile, modify,
- adapt, translate, copy, emulate, clone, disassemble the SOFTWARE
- in whole or in part, or otherwise attempt to discover the source
- code of the SOFTWARE (except and solely to the extent an
- applicable statute expressly and specifically prohibits such
- restrictions).
- You may not sublicense, rent, lease, resell for profit or otherwise
- dispose of the SOFTWARE without our written permission. You may not
- grant a security interest in, or otherwise transfer rights to the
- SOFTWARE. You may not remove any proprietary notices or labels on
- the SOFTWARE.
- Usage of the SOFTWARE may violate the copyright of the modified
- material. It is your responsibility to respect all legal aspects.
- You don't have the right to release to public any programs which
- were altered using the SOFTWARE, if not expressively granted by the
- respective authors.
-
- 5. DISCLAIMER OF WARRANTY.
-
- THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED
- ON AN "AS IS" BASIS AND YOU ASSUME FULL RESPONSIBILITY
- FOR DETERMINING THE SUITABILITY OF THE PROGRAM AND FOR
- RESULTS OBTAINED. HEAVENTOOLS DISCLAIMS ALL WARRANTIES
- RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
- WARRANTIES OF MERCHANTABILITY, FREE OF DEFECTS, FITNESS
- FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
- PARTY RIGHTS. NEITHER HEAVENTOOLS NOR ANYONE ELSE WHO
- HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
- DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
- CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING,
- WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS PROFITS,
- BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
- DATA LOSS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
- THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF
- HEAVENTOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS
- ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE
- SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY
- RESPECT, YOU AND NOT HEAVENTOOLS OR ITS SUPPLIERS ASSUME
- THE ENTIRE COST OF ANY SERVICE AND REPAIR.
-
- SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION
- OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
- LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE
- EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR
- RESTRICTION.
-
- IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE
- LICENSE FEE PAID TO HEAVENTOOLS.
-
- 6. SEVERABILITY.
-
- In the event of invalidity of any provision of this license, the
- parties agree that such invalidity shall not affect the validity of the
- remaining portions of this license.
-
- 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
-
- IN NO EVENT SHALL HEAVENTOOLS OR ITS SUPPLIERS BE 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 HEAVENTOOLS
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
- EVENT WILL HEAVENTOOLS' LIABILITY FOR ANY CLAIM, WHETHER IN
- CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
- THE LICENSE FEE PAID BY YOU, IF ANY. HEAVENTOOLS SHALL HAVE
- NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF
- INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE IN
- COMBINATION, OPERATION OR OTHERWISE WITH THE DATA OR
- MATERIALS NOT SUPPLIED BY HEAVENTOOLS.
-
- 8. TERMINATION.
-
- This Agreement and the license granted hereunder will terminate
- automatically if you fail to comply with the limitations described
- herein. Upon termination, you must destroy all copies of the SOFTWARE
- and documentation.
-
- 9. ENTIRE AGREEMENT.
-
- This is the entire agreement between you and Heaventools which
- supersedes any prior agreement or understanding, whether written or
- oral, relating to the subject matter of this license.
-
- 10. RESERVED RIGHTS.
-
- All rights not expressly granted here are reserved to Heaventools
- and/or the respective authors (listed either in the documentation
- or within the SOFTWARE).
-
- Heaventools reserves the right to make exceptions to any of these
- conditions, or alter these conditions, at any time. However, you
- may always use these conditions instead of any altered version if
- you prefer (note that this licence explicitly applies only to one
- version of the program; therefore, if Heaventools Software makes new
- conditions in connection with a future version, you do not then have
- the right to apply these conditions to that version instead).
-
-