BY COMMENCING USE OF EITHER THE UNREGISTERED VERSION OR REGISTERED VERSION OF THIS PRODUCT, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The software included in HSD’s Essential Strips (the “Software”), currently and in the future, is licensed, not sold, to you for use only under the terms of this Agreement. Any rights not expressly granted to you are reserved by Hutchings Software Development (HSD). You own the media on which the Software is originally or subsequently recorded, but HSD retains ownership of all copies of the Software itself.
The “Registration Information” is personalized information licensed to you by HSD when you register the Software. Registration Information enables unencumbered use of the Software. It is transmitted to registered users on a “Registration Disk”. You own the media, including the Registration Disk, on which the Registration Information is originally or subsequently recorded, but HSD retains ownership of all copies of the Registration Information itself.
LICENSE
You may:
a. Use the Software without installing Registration Information on any number of computers.
b. Give copies of the Software to individuals, so long as you include all executable files and documentation included with the Software, including this Agreement, and so long as you do not include Registration Information.
c. Install Registration Information provided exclusively to you by HSD on one computer, after purchasing a Registration Disk from HSD, and use the Software on that same computer.
d. Use subsequent versions of the Software without purchasing a new Registration Disk, provided you have already purchased a Registration Disk and installed Registration Information on your computer.
RESTRICTIONS
You may not use, disclose, copy, modify, rent, lease, loan, resell, network, or transfer the Software, or any copy, modification, or merged portion thereof, in whole or in part, except as expressly provided for in this Agreement.
You may not use, disclose, copy, modify, rent, lease, loan, resell, network, or transfer the Registration Information or Registration Disks provided to you by HSD, or any copy, modification, or merged portion thereof, in whole or in part, except as expressly provided for in this Agreement. Registration Information is stored in the “Control Strip Preferences” (or other compatible software’s preference) file on your computer’s startup disk. You may not distribute that file unless you first remove the Registration Information.
You recognize that unauthorized distribution of Registration Information provided to you by HSD would result in financial harm to HSD.
You may not attempt to produce or discover Registration Information with the intent of enabling unencumbered use of the Software.
You may not install Registration Information provided to you by anyone other than HSD, and agree to notify HSD if such information is offered to you, for sale or otherwise. HSD will keep such notifications strictly confidential.
The Software and the Registration Information contain trade secrets of HSD, and to protect them, you agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Software or the Registration Information to a human readable form.
You may not post the Software on bulletin boards, Internet sites, CDROMs, or other publicly accessable locations or distributable media without first obtaining the prior permission of HSD. Under no circumstances may you post Registration Information in such places.
TERM
This Agreement is effective until terminated. You may terminate it at any time by destroying all copies of the Software and Registration Information in your possession, including Registration Information installed in your “Control Strip Preferences” (or other compatible software’s preference) file. This Agreement will immediately terminate if you fail to comply with any term or condition of this Agreement. Upon termination, you agree to destroy all copies of the Software and Registration Information in your possession.
GOVERNMENT LICENSEE
This Software and any provided Registration Information was developed completely at private expense, and is not in the public domain.
For units of the Department of Defense:
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 (May 1987) or equivalent.
For civilian agencies:
Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (a) through (d) of the Commercial Computer Software – Restricted Rights Clause at 52.227-19 of the Federal Acquisition Regulations.
GENERAL
This Agreement will be governed by the laws of the State of California.
The Software, and any provided Registration Information, is provided “As is”. HSD makes no warranty or guarantee about the fitness of the Software for any purpose, nor will it be held liable for any consequential, incidental, or indirect damages resulting from use of this Software. Some states do not allow exclusion or limitation of liability for consequential or incidental damages. In any case, HSD’s liability for actual damages shall not exceed the purchase price of the Registration Disk for registered users, or $0 for unregistered users.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions before using the Software or ordering a Registration Disk from HSD.
“Essential Strips™” is a trademark of Hutchings Software Development.
