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- PingTool
- (c) Copyright 1998 James Saxton, All rights reserved
-
- PingTool is shareware. You can evaluate PingTool for 30 days. If after 30 days
- you think PingTool is cool and you'd like to continue using it, you must register it.
-
- Benefits of registering
- * you can use it for more than 30 days.
- * unlimited free support
- * notification of all upgrades.
-
- Go to http://pingtool.com/ for information on how to register.
-
- =====================================================================
-
- LICENSE AND WARRANTY:
-
- Definitions:
- "THE LICENSOR" refers to Marty Saxton.
- "THE SOFTWARE" refers to the computer program PingTool and all related materials and files.
-
- THIS IS AN EVALUATION COPY OF THE SOFTWARE. YOU MAY ONLY
- USE THE SOFTWARE FOR THIRTY DAYS.
-
- After thirty days, you must either buy the software
- from Licensor or remove it from your computer
- and stop using it.
-
- THERE ARE NO WARRANTY RIGHTS GRANTED TO YOU REGARDING
- THE SOFTWARE.
-
- YOUR RIGHT TO USE THIS SOFTWARE IS LIMITED. If you
- have already downloaded evaluation copies of this
- or prior versions of the software, you are not allowed
- to use this software, and you must immediately cease
- use of this copy and destroy it. To obtain full-use
- rights, you must register and pay for the product
- with THE LICENSOR.
-
- NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL
- AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS
- AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE
- OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF
- THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE TOGETHER
- WITH ALL COPIES FROM YOUR COMPUTER. USER'S USE OF THIS
- SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH
- THE TERMS OF THIS AGREEMENT. THE SOFTWARE MAY BE
- EVALUATED FOR THIRTY (30) DAYS ON A ROYALTY-FREE BASIS.
- CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT.
-
- 1. LICENSE GRANT. THE LICENSOR Associates grants
- to you a non-exclusive, non-transferable right to use
- the SOFTWARE for thirty (30) days for the purpose of
- your evaluation of the SOFTWARE. This license to use
- the SOFTWARE is conditioned upon your compliance with
- the terms of this license agreement. You agree you will
- only copy the SOFTWARE into any machine-readable or
- printed form as necessary to use it in accordance with
- this license or for backup purposes in support of your
- use of the SOFTWARE. You may:
-
- (i) UPLOAD THIS SOFTWARE TO ANY ELECTRONIC BULLETIN
- BOARD OR
- (ii) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES.
-
- YOU MAY NOT REPRODUCE OR DISTRIBUTE THE SOFTWARE FOR
- RESALE OR OTHER COMMERCIAL PURPOSES, INCLUDING WITHOUT
- LIMITATION THE BUNDLING OF THIS SOFTWARE WITH ANY
- PRODUCT THAT IS OFFERED FOR SALE.
-
- This license is effective until the thirtieth (30th)
- day following the date you installed the SOFTWARE.
- At that time, you must cease use of the SOFTWARE and
- remove it from your computer, unless you have paid
- the current registration fee. You may terminate this
- agreement at any point by destroying the SOFTWARE
- together with all copies of the SOFTWARE. Also, THE LICENSOR
- has the option to terminate if you fail to comply with
- any term or condition of this agreement. You agree
- upon such termination to destroy the SOFTWARE
- together with all copies of the SOFTWARE.
-
- 2. 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 THE LICENSOR or its suppliers, 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.
-
- 3. REVERSE ENGINEERING. You agree that you will not
- attempt to reverse compile, modify, translate, or
- disassemble the SOFTWARE in whole or in part.
-
- 4. WARRANTY RIGHTS. As this is an evaluation copy,
- THE LICENSOR makes NO WARRANTIES with respect to the
- SOFTWARE. The SOFTWARE is distributed to you AS
- IS, WHERE IS, AND WITH ALL FAULTS. In the event of
- registration, THE LICENSOR will grant you certain warranty
- rights.
-
- 5. NO OTHER WARRANTIES. THE LICENSOR DOES NOT WARRANT THAT THE
- SOFTWARE IS ERROR FREE. THE LICENSOR DISCLAIMS ALL WARRANTIES
- WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR
- IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
-
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
- IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
- IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
- SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
- TO YOU. THIS LICENSE GIVES YOU SPECIFIC LEGAL RIGHTS.
- YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY FROM
- JURISDICTION TO JURISDICTION.
-
- 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 THE LICENSOR 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 THE LICENSOR HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
- NO EVENT WILL THE LICENSOR'S LIABILITY FOR ANY CLAIM,
- WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF
- LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
-
- 8. GOVERNING LAW. This license will be governed by the
- internal laws of the State of California. The United
- Nations Convention on Contracts for the International
- Sale of Goods is specifically disclaimed.
-
- 9. ENTIRE AGREEMENT. This is the entire agreement between
- you and THE LICENSOR, which supersedes any prior agreement
- or understanding, whether written or oral, relating
- to the subject matter of this license.
-
-