Jon H Hibbins and Mike Beveridge ("Enhance") grants you a non-exclusive Licence to test this program for 30 times free of charges. After those 30 times you fall into the position of
termination (see below)
Definition of Shareware
Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version as in the case of Enhanced HTML).
Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Shareware authors are accomplished programmers, just like retail authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main difference is in the method of distribution. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Shareware.
Shareware is a distribution method, not a type of software. You should find software that suits your needs and pocketbook, whether it's retail or Shareware. The Shareware system makes fitting your needs easier, because you can try before you buy. And because the overhead is lower, prices are lower also. Shareware has the ultimate money-back guarantee -- if you don't use the product, you don't pay for it.
TERMINATION. The Licence will terminate automatically if you fail to comply with the limitations described herein or after 30 runs trial use (Try before you buy). On termination, you must destroy all copies of the Software.
DISCLAIMER OF WARRANTY. Enhanced HTML Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not `Enhance` assume the entire cost of any service and repair. In addition, the security mechanisms implemented by `Enhance` software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SCOPE OF GRANT.
You may:
* use the Software on one computer
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
Fees for Distribution of Shareware Versions
Disk Vendors, Shareware Distributors and BBS(s) may have charged a nominal fee for the distribution of this Shareware version of Enhanced HTML. This fee does not constitute payment for the Licensed version of Enhanced HTML, and does not entitle the end user to use the shareware version for longer than the 30 use evaluation period.
You may not:
* permit other individuals to use the Software except under the terms listed above;
* modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in the owner ship of `Enhance` (Jon H Hibbins). The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This Licence gives you no rights to such content.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DEXNET OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DEXNET BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT DEXNET RECEIVED FROM YOU FOR A LICENCE TO THE SOFTWARE, EVEN IF DEXNET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Enhance and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User Licence Agreement whose terms vary from this Agreement, then the hard-copy End User Licence Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this Licence and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
ACKNOWLEDGMENT
BY USING THE SHAREWARE VERSION OF ENAHANCED HTML YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS' TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL
YOU MUST NOT PRESS YES I.E. (AGREE) TO USING THIS APPLICATION UNLESS YOU AGREE TO ALL OF THE ABOVE
