END-USER LICENSE AGREEMENT FOR Damian Fozard SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Damian Fozard Software for the software product identified above , which includes computer software and may include associated media, printed materials and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights:
Software Product. You may install and use one (1) copy of the SOFTWARE PRODUCT with a unique server name. This constitutes one (1) license.
Damian Fozard Software reserves all rights not expressly granted to you.
2. COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any names, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Damian Fozard Software The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy printed materials (if any) accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
LIMITATIONS ON REVERSE-ENGINEERING, DECOMPILATION, AND DISSASSEMBLY. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
RENTAL. You may not rent, lease or lend the SOFTWARE PRODUCT.
SOFTWARE TRANSFER. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
TERMINATION. Without prejudice to any other rights, Damian Fozard Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable government regulation or statute, without the prior written consent, if required, by such governmental entity as may have jurisdiction over such export or transmission.
MISCELLANEOUS. If any provision of this Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of the remaining provisions.
NO WARRANTIES. To the maximum extent permitted by applicable law, Damian Fozard Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. Damian Fozard Software's entire liability and your exclusive remedy under this EULA shall not exceed five dollars ($1.00 US).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Damian Fozard Software or its suppliers or distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this product, even if Damian Fozard Software has been advised of the possibility of such damages. Because some states/provinces/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Homeserver is a trading name of Damian Fozard Software
Homeserver,Xavier Rubens and xavierrubens.co.uk are trading Names of Damian Fozard Software.
Except where otherwise noted, all of the documentation and software included
in the Homeserver software package is copyrighted by Damian Fozard.
Copyright (C) 2003 Damian Fozard. All rights reserved.
