You should carefully read this license agreement before you proceed to open and use the software sent in this mailing. Opening the package means that you accept the terms contained in this agreement. If you decide not to accept these terms, promptly return this package along with all documents, disks, and other materials included with this package and your registration fee will be refunded.
For electronic downloads, Downloading the software is equivalent to "Opening the package" specified above. Downloading the software is an agreement to the terms outlined below. Users who purchase Electronic versions of our products are required to make their own backups of the software. The Licensor is not responsible for replacing copies of the software after the download period of 7 days.
John D. Zitterkopf ("Licensor") is the exclusive owner of the provided software ("Software") and documentation ("Documentation"). The Licensor permits and you ("Licensee") accept a nontransferable, non-exclusive license to use the Software and Documentation providing the following terms and conditions are met.
2. Authorized use
The Licensee is licensed to have or use a single copy, other than distribution or backup media, of the Software in memory, whether permanent or temporary, on a single machine.
Consequently, the Licensee must obtain a license for each machine that the Licensee wishes to use the Software. The licensee is not allowed to distribute the software to any persons.
This license will remain in effect until terminated by the Licensee. The Licensee may terminate the license at any time by destroying the Software and all Documentation, upon conditions set forth elsewhere in this license agreement, or if the Licensee fails to comply with any term or condition set forth in this agreement.
4. Limited warranty
The Licensor warrants that the diskette on which the Software is free from defects in materials and workmanship for a period of no more than thirty (30) days from the date of shipment provided the said diskette was under normal use. If the said diskette fails due to the conditions stated, the Licensee may return the diskette to the Licensor for replacement.
5. Disclaimer or other warranties
With the exception of the limited warranty in paragraph 4, there are no warranties, either express or implied, for the Software or Documentation. The Licensor does not warrant that the functions contained in the Software will meet the Licensee's requirements or that the operation of the software will be error free or uninterrupted. The Licensor expressly disclaims any warrantee as to performance of or results obtained by the Licensee. The Licensee also bares the sole responsibility as to the performance and quality of the Software, and assumes the responsibility for selection of the Software to achieve the Licensee's intended results.
6. Limitations of remedies
The Licensor's entire liability and licensee's exclusive remedy shall be:
a) the replacement of any diskette not meeting the limited warranty set forth in paragraph 4, or
b) if the Licensor is unable to deliver a replacement for the said diskette, the Licensee may choose to terminate the agreement by returning the remaining Software and Documents for which the registration fee will be refunded.
In no event shall the Licensor be held liable to the Licensee for any damages, including any lost profits, lost savings, or other damages as a result of the use, misuse, or inability to use the Software even if the licensor has been advised of the possibility of such damages.
The Licensee may not sublicense, assign, or transfer the Software or License. Any such attempt will void this agreement.
(b) Governing Law
This agreement shall be governed by the laws of the United States of America.
8. Entire contract
The Licensee acknowledges that the licensee has read, understands, and agrees to be bound by its terms and conditions. The licensee further agrees that this is the complete and exclusive statement to the agreement between the licensor and licensee. The licensee also agrees that this agreement supersedes any proposed or prior agreement, oral or written, and any other communications relating to this subject of this agreement.
Last modified: by John Zitterkopf.
This page Copyright 2001 by John Zitterkopf.
ALL RIGHTS RESERVED