End User License Agreement (EULA) for Pythoness PSetting
IMPORTANT - READ CAREFULLY:
This Pythoness Software End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Pythoness Software for the Pythoness Software product identified above, which includes computer software and associated media and printed materials (if any), and may include on-line or electronic documentation (SOFTWARE PRODUCT OR SOFTWARE). 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 Agreement, you are not authorized to use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
SCOPE OF LICENSE GRANT.
You may:
use one copy of the SOFTWARE PRODUCT on one computer.
You may not:
modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the SOFTWARE PRODUCT;
rent, lease, grant a security interest in, or otherwise transfer rights to the SOFTWARE PRODUCT; or
remove any proprietary notices or labels on the SOFTWARE PRODUCT.
TITLE.
Title, ownership rights, and intellectual property rights in the SOFTWARE PRODUCT shall remain in Pythoness Software and/or its suppliers. The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the SOFTWARE PRODUCT is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.
TERMINATION.
This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the SOFTWARE PRODUCT and Documentation.
DISCLAIMER OF WARRANTY.
SOFTWARE PRODUCT is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the SOFTWARE PRODUCT is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the SOFTWARE PRODUCT is borne by you. Should the SOFTWARE PRODUCT prove defective in any respect, you and not Pythoness Software or its suppliers assume the entire cost of any service and repair. This disclaimer of warranty
constitutes an essential part of this Agreement.
Pythoness Software does not agree in any way to be responsible for applications produced using SOFTWARE PRODUCT and is not responsible for customer support or service in any way.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PYTHONESS SOFTWARE 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 PYTHONESS SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PYTHONESS SOFTWARE
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF PYTHONESS SOFTWARE 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 RESULTING FROM PYTHONESS SOFTWARE NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMGAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
SOURCE CODE.
PSetting source code is provided to licensed users as an aid in development only. The source code for PSetting may NOT be distributed to any other party. You may not use the source code to create a competetive persistent storage component.
U.S. GOVERNMENT END USERS. The SOFTWARE PRODUCT is a "commercial item" as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.1995). Consistent with 48 C.F.R., all U.S. Government End Users acquire the SOFTWARE PRODUCT with only those rights set forth herein.
MISCELLANEOUS.
This EULA is governed by the laws of the State of Idaho, U.S.A. Should you have any questions concerning this EULA, or if you desire to contact Pythoness Software for any reason, please write:
