Back Rest distribution permissions and end-user license agreement
Darkhorse Industries License Agreement
Do not use this product until you carefully read the following terms and conditions. Using
this product indicates that the Single End-User of this software (The "Licensee")
accepts these terms and conditions. If Licensee objects to any term or condition,
then immediately return this product to the place of purchase.
Licensee acknowledges that Licensee has read this agreement and understands this
agreement (the "Agreement") is the final, complete, and exclusive statement of the
entire agreement between Darkhorse Industries (DHI) and Licensee. This Agreement
supersedes any prior and contemporaneous proposals, purchase orders, or advertisements
and all other communications in relation to the subject matter of this Agreement,
whether oral or written. No terms or conditions, other than those contained in this
Agreement, and no other understanding or agreement which in any way modifies these
terms and conditions, shall be binding upon DHI unless made by a written agreement,
executed by duly authorized representatives of both DHI and Licensee.
Licensed Software and Documentation License
1. DHI hereby grants Licensee a non-exclusive, non-transferable, and perpetual license
to use the enclosed or installed computer software (the "Licensed Software") and
the associated printed or electronic documentation (the "Documentation"), subject
to the limitations set forth in this Agreement (the "License"). Licensee may use
the Licensed Software only on one central processing unit with one input terminal.
All rights, title, and interest to the Licensed Software and the Documentation are,
and shall remain, in DHI or DHI`s licensors, as the case may be. Licensee has no
right of access to the source code of the Licensed Software. Licensee is not entitled
to free updates or upgrades of the Licensed Software or Documentation, although these
may be available at the discretion of the Licensors.
2. Licensee may not alter, assign, create derivative works, decompile, disassemble,
distribute, lease, modify, reverse engineer, sublicense, transfer, or translate in
any way the Licensed Software or Documentation; provided, however, that Licensee
may permanently and simultaneously transfer all of the Licensed Software, Documentation,
and the License if Licensee: a) delivers to the transferee the Licensed Software
and Documentation; b) notifies DHI in writing of such transfer; and c) destroys any
archival/backup copy. Licensee agrees that the transferee must expressly accept all
terms and conditions of this Agreement.
3. Licensee may not copy the Licensed Software or Documentation (except as specifically
and expressly provided below for "redistributable files"); provided, however, that
Licensee may make one (1) copy of the Licensed Software and the associated electronic
documentation for archival/backup purposes.
4. If either the Licensed Software or Documentation is used in any way not expressly
and specifically permitted by this License, then the License shall immediately terminate.
Upon the termination of the License, Licensee shall thereafter make no further use
of the Licensed Software or Documentation, and Licensee shall return to DHI all licensed
materials, postage prepaid.
1. Limited Warranty on Distribution Media. For a period of thirty (30) days following
the date of delivery of the Licensed Software and Documentation to Licensee as the
original licensee, if evidenced by Licensee`s receipt as such, DHI warrants the Distribution
Media (the "Media"), such as diskettes or CDs on which the Licensed Software is embodied,
to be free from defects in materials and workmanship under normal use. The warranty
is personal to Licensee, and no warranty is made to Licensee`s transferees. Any implied
warranties of merchantability or fitness for a particular purpose are limited in
duration to the Warranty Period, after which time all warranties, of whatever nature,
are specifically disclaimed.
2. No Warranty on Licensed Software or Documentation. DHI licenses the Licensed Software
and Documentation solely on an "As Is" basis without warranties of any kind, such
as warranties of merchantability or fitness for any particular purpose. The entire
risk of quality and performance is with Licensee. The Software and Documentation
are not represented to be error-free. If either the License Software, Documentation,
or both prove to be defective, Licensee assumes the entire cost of all servicing,
correction, or repair.
3. The foregoing warranty gives Licensee specific legal rights, and Licensee may
also have other rights which vary from state to state. Some states do not allow the
limitation or exclusion of implied warranties, so the above limitations may not apply
Remedy for Defective Media
Licensee`s sole and exclusive remedy in the event of a defect in a warranted item
is expressly limited to replacement of the defective media. To receive a replacement,
Licensee must send the defective media, with proof of purchase, to DHI at 9234 Lucky
Acres Trail, Tallahassee FL 32310, postage pre-paid and postmarked within the Warranty
Period. In no event shall DHI be liable for any other obligations or liabilities
including, but not limited to, liability for damages (whether general or special,
direct or indirect, consequential, incidental, or exemplary), or for any claim for
the loss of profits, business or information, or damage to good will even if DHI
has been advised of the possibility of such damages. In any event, DHI`s maximum
liability shall be limited to the amount of the purchase price of the product.
Some states do not allow the limitation or exclusion of incidental or consequential
damages, so the above limitations may not apply to Licensee.
U.S. Government Restricted Rights Legend
The Licensed Software and Documentation have been developed exclusively at private
expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure
by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Licensed Software clause at DFARS 252.227-7013.
DHI is the Contractor, and is located at 9234 Lucky Acres Trail, Tallahassee FL 32310,
This Agreement shall be considered severable, and if for any reason any term or condition
is determined to be invalid, illegal, or unenforceable under current or future law,
such invalidity shall not impair the operation of, or otherwise affect, the valid
terms and conditions of this Agreement, so long as the intent of this Agreement is
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of Florida, with the exception of its conflict of law provisions.
The parties consent to the personal jurisdiction of the State of Florida and agree
that any legal proceedings arising out of this Agreement shall be conducted solely
in such State.
No action, regardless of form, arising out of this Agreement may be brought by either
party more than one (1) year after a claim has accrued.
Copyright ©2002 Robert S. King. All rights reserved.
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.