PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE.
The TarotWorks application and all accompanying files and resources (“The Software”) is licensed, not sold, to you by Simon Poisson (“the Owner”) for use only under the terms of this License, and the Owner reserves any rights not expressly granted to you. You own the disk(s) on which the Software may be recorded or fixed, but the Owner and its licensors retain ownership of the Software itself.
1. License
This License allows you to:
(i) make and distribute copies of the original, compressed form of the Software but
(ii) use a registered copy on a single computer at a time. You are required to have a validly licensed copy of the Software for each registered copy of the Software made hereunder. To “use” the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). You may use at one time as many copies of the Software as you have licenses for. You may install the Software on a common storage device shared by multiple computers, provided that if you have more computers having access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks-out any concurrent users in excess of the number of licensed copies of the Software (an additional License is not needed for the one copy of the Software stored on the common storage device accessed by multiple computers). If the Software is installed on the permanent memory of a single desktop computer (i.e., not a storage device shared by multiple computers) and that desktop computer is used by one individual for at least 80% of the time the computer is in use, that same individual may also use a copy of the Software on a portable or home computer.
The Software is protected by copyright law. As an express condition of this License, you must reproduce on each copy the Owner copyright notice and any other proprietary legends that were on the original copy supplied by the Owner.
This license is not transferable.
2. Restrictions
The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Commercial Use
The Software is intended specifically for the purpose of personal entertainment and enlightenment. To this end, YOU MAY NOT USE THE SOFTWARE OR ANY PART THEREOF TO GENERATE PROFIT OF ANY KIND. This includes using the software in any way in conjunction with commercial services, whether specifically related to the system of Tarot or not.
4. Termination
This License is effective until terminated. This License will terminate immediately without notice from the Owner or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials, and all copies thereof within 24 hours. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof.
5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS.” YOU ALSO ACKNOWLEDGE THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY AND ALL DECISIONS YOU MAKE AND ACTIONS YOU TAKE, WHETHER ARISING OUT OF YOUR USE OF THE SOFTWARE OR NOT. FURTHER, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO SEEK COUNSELING FROM AN AUTHORIZED PROFESSIONAL BEFORE MAKING ANY MAJOR LIFE DECISIONS. ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE SOFTWARE OR REFUND OF THE PURCHASE PRICE, IF ANY. IN NO EVENT WILL THE OWNER OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF THE OWNER OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Owner’s liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of US$20 or the money paid for the Software that caused the damages.
THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. General
This License will be construed under the laws of the State of New South Wales, Australia, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
7. Headings
The headings contained in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms, conditions, or provisions of this License.
