As-U-Type Speller distribution permissions and end-user license agreement

As-U-Type Speller v3.1
Copyright (C) 2005 Fanix Software
All Rights Reserved
Website: http://www.asutype.com/

For a brief description of As-U-Type Speller, see the file README.TXT.

*** STANDARD LICENSE ***

This license applies to the fully licensed version of As-U-Type Speller. If you have an evaluation version of As-U-Type Speller, see the section below titled Trial License.

YOUR AGREEMENT TO THIS LICENSE

You should carefully read the following terms and conditions before using or installing this software. Unless you have a different license agreement signed by Fanix Software ("Fanix"), your use or installation of As-U-Type Speller indicates your acceptance of this agreement ("License").

If you do not agree to all of the terms and conditions of this License, then: (a) do not copy, install or use any copy of As-U-Type Speller with which this License is included, and (b) in addition, if you paid Fanix or an authorized Fanix reseller for a package consisting of one or more copies of As-U-Type Speller, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of the license fee. The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of As-U-Type Speller. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of As-U-Type Speller; if you or your organization has a valid multi-user license, then you or your organization have/has the right to use up to a number of "Licensed Copies" of As-U-Type Speller equal to the number of copies indicated in the documents issued by Fanix when granting the license.

SCOPE OF LICENSE

Each Licensed Copy of As-U-Type Speller may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.

All rights of any kind in As-U-Type Speller which are not expressly granted in this License are entirely and exclusively reserved to and by Fanix. As-U-Type Speller is protected by the copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material. You may install and use As-U-Type Speller solely as expressly provided in this License. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, As-U-Type Speller, nor permit anyone else to do so. You may not make access to As-U-Type Speller available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

AS-U-TYPE SPELLER, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FANIX DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF AS-U-TYPE SPELLER. FANIX DOES NOT WARRANT THAT THE OPERATION OF AS-U-TYPE SPELLER WILL BE UNINTERRUPTED OR ERROR-FREE. You acknowledge that good data processing procedure dictates that any program, including As-U-Type Speller, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of As-U-Type Speller covered by this License. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

FANIX SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, AS-U-TYPE SPELLER. ANY LIABILITY OF FANIX WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO FANIX. IN NO EVENT SHALL FANIX, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF AS-U-TYPE SPELLER, OR TO YOUR RELATIONSHIP WITH FANIX, (INCLUDING WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, IN NO EVENT DOES FANIX AUTHORIZE YOU OR ANYONE ELSE TO USE AS-U-TYPE SPELLER IN APPLICATIONS OR SYSTEMS WHERE AS-U-TYPE SPELLER`S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR LOSS OF PROPERTY OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD FANIX HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.


*** TRIAL LICENSE ***

This license applies to the trial version of As-U-Type Speller. If you do not have a trial version of As-U-Type Speller, see the section above titled Standard License.

YOUR AGREEMENT TO THIS LICENSE

You should carefully read the following terms and conditions before using, copying or installing this software. By using, copying or installing As-U-Type Speller Trial Version ("As-U-Type Speller"), you agree to all of the terms of this agreement ("License").

Please read the license terms below. If you do not agree to all of the terms of this License, then do not use, copy or install As-U-Type Speller.

SCOPE OF LICENSE

This is not free software. Subject to the terms below, you are hereby licensed by Fanix Software ("Fanix") to use one copy of As-U-Type Speller, on one (1) computer or workstation, for evaluation purposes without charge for a period of 30 days. If you use this software after the 30-day trial period a license fee of $29.95 is required, as described in the product website at http://www.asutype.com/. Use of As-U-Type Speller after the 30-day trial period without payment of the license fee is in violation of the copyright laws.

All rights of any kind in As-U-Type Speller which are not expressly granted in this License are entirely and exclusively reserved to and by Fanix. As-U-Type Speller is protected by the copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material. You may install and use As-U-Type Speller solely as expressly provided in this License. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, As-U-Type Speller, nor permit anyone else to do so. You may not make access to As-U-Type Speller available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

AS-U-TYPE SPELLER, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FANIX DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF AS-U-TYPE SPELLER. FANIX DOES NOT WARRANT THAT THE OPERATION OF AS-U-TYPE SPELLER WILL BE UNINTERRUPTED OR ERROR-FREE. You acknowledge that good data processing procedure dictates that any program, including As-U-Type Speller, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of As-U-Type Speller covered by this License. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

FANIX SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, AS-U-TYPE SPELLER. ANY LIABILITY OF FANIX WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO FANIX. IN NO EVENT SHALL FANIX, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF AS-U-TYPE SPELLER, OR TO YOUR RELATIONSHIP WITH FANIX, (INCLUDING WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, IN NO EVENT DOES FANIX AUTHORIZE YOU OR ANYONE ELSE TO USE AS-U-TYPE SPELLER IN APPLICATIONS OR SYSTEMS WHERE AS-U-TYPE SPELLER`S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR LOSS OF PROPERTY OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD FANIX HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

DISTRIBUTION OF THIS TRIAL VERSION

Provided that you verify that you are distributing the Trial version of As-U-Type Speller (select "About" from the As-U-Type Speller menu to check), you are hereby licensed to make unlimited copies of the Trial Version and documentation; give exact copies of the original Trial Version to anyone and distribute the Trial Version and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging or requesting donations for any such copies (however made), and from distributing the software and/or documentation with other products (commercial or otherwise) without Fanix Software`s prior written permission.

###

The complete license agreement is contained in the file LICENSE.TXT. The following paragraph is an extract from the license agreement regarding the distribution of the Trial Version of As-U-Type Speller.
Provided that you verify that you are distributing the Trial version of As-U-Type Speller (select "About" from the As-U-Type Speller menu to check), you are hereby licensed to make unlimited copies of the Trial Version and documentation; give exact copies of the original Trial Version to anyone and distribute the Trial Version and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging or requesting donations for any such copies (however made), and from distributing the software and/or documentation with other products (commercial or otherwise) without Fanix Software`s prior written permission.

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