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ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING
THIS SOFTWARE. THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE
(THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE
SOFTWARE AND PROMPTLY REMOVE THE SOFTWARE FROM ITS STORAGE
MEDIUM.
The enclosed computer program(s) and the accompanying
documentation are provided to the End User by Dmitry Skorniakov
("Licensor") for use only under the following terms. Licensor
reserves any right not expressly granted to the End User. The End
User owns the disk on which the Software is recorded, but Licensor
retains ownership of all copies of the Software itself. The End
User assumes sole responsibility for the installation, use and
results obtained from use of the Software.
1. License
End User is granted a limited, non-exclusive license to do only
the following:
A-1. Evaluation Software: you are hereby
licensed to use this software for evaluation purposes without
charge for a period of 30 days. If you use this software after the
30 day evaluation period a registration fee is required. When
payment is received you will be sent a Registration Key, no
software will be shipped.
A-2. Purchased / Registered Software may be
installed and maintained on one computer at any time for use only
in the End User's own business.
B. Make one copy in machine-readable form solely for backup or
archival purposes for the computer, which the Software is
installed. The Software is protected by copyright law. As an
express condition of this License, the End User must reproduce on
the copy Licensor's copyright notice and any other proprietary
legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this License to
another party together with a copy of this License and all written
materials accompanying the Software, provided (i) the End User
gives Licensor written notice of the transfer (including in such
notice the identity of the transferee), and (ii) the other party
reads and agrees to accept the terms and conditions of this
License.
2. Restrictions.
The End User may NOT sublicense, assign, or distribute copies of
the Software to others. The Software contains trade secrets. The
End User may NOT decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a human readable form. THE END
USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL
FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE
SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY
PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C.
ABOVE.
3. Termination.
This License is effective until terminated. This License will
terminate immediately without notice from Licensor if the End User
fails to comply with any of its provisions. Upon termination the
End User must destroy the Software and all copies thereof, and the
End User may terminate this License at any time by doing so.
4. Limited Warranty for Registered Users.
This warranty shall only apply to End Users that purchased the
Software from Licensor or one of Licensor's distributors. This
clause of the License Agreement does not apply to End Users that
have obtained an evaluation version of the Software.
Licensor warrants that, for thirty (30) days from the date of
initial use by the original Registered End User, the Software shall
operate substantially in accordance with the published functional
specifications current at the time of shipment. If, during the
warranty period, a defect appears, End User shall return the
Software to Licensor and Licensor's only obligation shall be, at
Licensor's election, to replace the defective Software or refund
the purchase price. The End User agrees that the foregoing
constitutes the End User sole and exclusive remedy for breach by
Licensor under any warranties made under this Agreement. This
warranty does not cover any Software that has been altered or
changed in any way by anyone other than Licensor. Licensor is not
responsible for problems associated with or caused by incompatible
operating systems or equipment, or for problems in the interaction
of the Software with software not furnished by Licensor.
No oral or written information or advice given by Licensor or
its dealers, distributors, employees or agents shall in any way
extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE END USER ASSUMES ALL RISK AS TO THE
SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT
WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES,
BE LIABLE TO THE END USER FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR
BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LICENSOR'S LIABILITY TO THE END USER (IF ANY) FOR ACTUAL DIRECT
DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE
AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE
SOFTWARE.
5. Enhancements.
From time to time Licensor may, in its sole discretion, advise
the End User of updates, upgrades, enhancements or improvements to
the Software and/or new releases of the Software (collectively,
"Enhancements"), and may license the End User to use such
Enhancements upon payment of prices as may be established by
Licensor from time to time. All such Enhancements to the Software
provided to the End User shall also be governed by the terms of
this License.
6. Support
End Users who are using evaluation or purchased versions of the
Software are not entitled to any kind of support, documentation, or
assistance from the Licensor. All support options are at the sole
discretion of the Licensor and may be modified without notice.
7. General.
This License will be governed by and construed in accordance
with the laws of the Russian Federation, and shall inure to the
benefit of Licensor and occasionally and their successors, assigns
and legal representatives. If any provision of this License is held
by a court of competent jurisdiction to be invalid or unenforceable
to any extent under applicable 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. Any notices or
other communications to be sent to Licensor must be mailed first
class, postage prepaid, to the following address: Dmitry
Skorniakov, P.O. BOX 1955, Izhevsk 426000, Russia.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and all prior
proposals, agreements, representations, statements and undertakings
are hereby expressly cancelled and superseded. This Agreement may
not be changed or amended except by a written instrument executed
by a duly authorized officer of Licensor.
8. Acknowledgment.
BY INSTALLING THIS SOFTWARE, THE END USER ACKNOWLEDGES THAT IT
HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS. Should you have any questions concerning
this License, contact Licensor at the address set forth above.
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