A-book distribution permissions and end-user license agreement

END USER LICENSE AGREEMENT FOR:
A-BOOK 3.1

CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY XELETRIX. BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU ("CUSTOMER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This SOFTWARE is owned by Xeletrix and is protected by national copyright laws and international copyright treaties.

Xeletrix may revise the AGREEMENT from time to time. You should consult the most current version of this document to ensure your activities conform to the most recent version.

If you acquired this SOFTWARE as an upgrade of a previous version, this AGREEMENT replaces and supersedes any prior AGREEMENTS. You may not continue to use any prior versions of the SOFTWARE.

GRANT OF LICENSE AND PROHIBITIONS. This SOFTWARE is licensed to you, not sold. You are not obtaining title to the SOFTWARE or any copyrights. You may not sublicense, sell, rent, lease, convey, emulate, clone, modify, translate, convert to another programming language, reverse engineer, decompile, or disassemble the SOFTWARE for any purpose.

USE AND EVALUATION PERIOD. You may use one copy of this SOFTWARE on one client computer. A copy of this SOFTWARE is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.). You may also use a copy of the SOFTWARE on a home or portable computer, provided only one copy of the SOFTWARE is in use at a time. You may use an evaluation copy of the SOFTWARE for only thirty (30) days in order to determine whether to purchase the SOFTWARE.

MULTI-USER AND SITE LICENSE. If you have acquired a multi-user or site license for the SOFTWARE, you may make, install, and use additional copies of this SOFTWARE up to the number of copies authorized in your registration documentation. If this is an educational license, use is restricted to non-commercial use by students, faculty and staff using campus facilities and to off-campus non-commercial use by students, faculty and staff primarily for school business.

DISTRIBUTION RIGHTS. Xeletrix grants you a royalty-free license to copy and distribute the Time Limited Evaluation Version of the SOFTWARE and documentation in its unmodified form electronically or on physical media means, provided that you (a) verify that you are distributing the Time Limited Evaluation Version (select About from the main menu to check); (b) use best efforts to accurately reproduce the Time Limited Evaluation Version of the SOFTWARE; (c) indemnify Xeletrix against any claims resulting from your failure to do so; and (d) comply with all other provisions of this AGREEMENT. You are specifically prohibited from (1) charging or requesting donations for any copies, or (2) distributing the SOFTWARE or documentation in conjunction with any other products (commercial or otherwise) for which a fee is charged without prior written permission from Xeletrix.

LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND XELETRIX 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. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER XELETRIX NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR DOCUMENTATION, EVEN IF XELETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL XELETRIX` LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM.

COPYRIGHT NOTICE. Copyright (c) 1999-2004 Xeletrix. All Rights Reserved.

TRADEMARKS. A-book and Xeletrix.com are trademarks of Xeletrix. All other product names may be trademarks of their respective owners.

TERMINATION. This AGREEMENT terminates on the date of the first occurrence of either of the following events: (1) The expiration of one (1) month from written notice of termination from CUSTOMER to Xeletrix; or (2) One party breaches any terms of this AGREEMENT or any terms of any other agreement between CUSTOMER and Xeletrix, that are either uncorrectable or that the breaching party fails to correct within one (1) month after notification by the other party.

All rights not expressly granted here are reserved to Xeletrix.

You may include this program on any CD compilation. You may not sell the evaluation copy. You must disclose that this is shareware and that the product is not free.

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