Please read this License Agreement before installing PeerSync.
-----------------------------
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR DISTRIBUTING THIS SOFTWARE. USING OR DISTRIBUTING THIS SOFTWARE INDICATES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
COPYRIGHT
This software program (hereafter the "Software") and documentation (hereafter the "Documentation") is copyrighted and remains the property of TDM, Inc. All rights are reserved.
LICENSE
TDM, Inc. hereby grants you (hereafter the "User") a limited, non-exclusive license to use the Software and accompanying Documentation contained in the trialware distribution package (hereafter called the "Trialware Package") you received. The Trialware Package consists of copies of the Software and Documentation received via an electronic transfer mechanism or an electronic storage medium including, but not limited to, diskette, hard disk, removable disk, tape or optical devices such as CD-ROM or WORM.
You may use the Trialware Package on one or more computers provided there is no chance that it will be used simultaneously on more than one computer. If you need to use the Software on more than one computer simultaneously or on a network, please contact TDM, Inc. for information about network licenses.
You are not obtaining title to the Software or Documentation or any copyright rights. You may not sublicense, lease, rent, sell, convey, translate, modify, decompile, incorporate into another product, convert to another programming language, reverse engineer or disassemble the Software or Documentation for any purpose.
NETWORK LICENSE
Multiple users on a network (e.g. a LAN) requiring access to the Software and Documentation must purchase a Network License. Two forms of Network Licenses are offered, a Site License and a Concurrent User License. With a Site License, any user who accesses the Software or Documentation requires a user license, regardless of the frequency of use. Once a Site License is purchased Software and Documentation may be copied to all users who have been licensed.
The Concurrent User License allows the licensed number of users to simultaneously access the Software and Documentation. The User agrees that he will operate metering software, which restricts the simultaneous number of users to the quantity purchased. The Software and Documentation must be installed on network servers under the control of metering software.
Both Site and Concurrent User Licenses allow installation of the Software and Documentation to any number of servers on any number of geographic sites, limited only by the quantity of licenses purchased.
TERM AND TRIAL PERIOD
You are permitted to use the Trialware Package for a trial period (hereafter the "Trial Period") of thirty (30) days or 30 uses (which ever comes first) after receipt of the Trialware Package. After such time, if you continue to use the Trialware Package, you must register your copy with TDM, Inc. Failure to register after the Trial Period constitutes termination of this license. Upon registration, a password (hereafter called the "Password") will be provided to eliminate the registration reminder screen.
This license is effective until terminated. You may terminate it by destroying the Software, Documentation, and all copies thereof. This license will also terminate if you fail to comply with any of the terms or conditions herein. You agree, upon such termination, to destroy all Software, Documentation, and copies thereof.
LIMITED WARRANTY
THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TDM, INC. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
EXCLUSIVE REMEDY
YOUR EXCLUSIVE REMEDY AND TDM, INC.'S ENTIRE LIABILITY ARISING FROM OR IN CONNECTIONS WITH THE SOFTWARE, DOCUMENTATION, AND/OR THIS LICENSE (INCLUDING WITHOUT LIMITATION FOR BREACH OF WARRANTY OR INFRINGEMENT) SHALL BE, AT TDM, INC.'S OPTION, THE REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF REGISTRATION FEES (IF NOTIFICATION OF PROBLEM IS WITHIN 30 DAYS OF PURCHASE).
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TDM, INC. OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF TDM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
Some states do not allow the exclusion of the limit of liability for consequential or incidental damages, so the above limitation may not apply to you.
BACKUP
You may make one copy of the Trialware Package for backup purposes only.
DISTRIBUTION
You may distribute the Trialware Package to others via an electronic transfer mechanism or electronic storage media provided that no files are deleted from the Original Distribution Trialware Package or are modified in any way. Files may be added to the Trialware Package expressly for the purpose of identifying the party distributing the Trialware Package. You may also place the Trialware Package into any archive or compressed format for ease of distribution.
You may not distribute the Password to others under any circumstances.
GENERAL
This agreement shall be governed by the laws of the state of New York and shall inure to the benefit of TDM, Inc. and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Suffolk County, New York. The parties hereby consent to in personam jurisdiction of said courts.
