Cymphonix Speed-O-Meter distribution permissions and end-user license agreement
End User License Agreement for Cymphonix Speed-O-Meter
Copyright © 2005 Cymphonix - All Rights Reserved
NOTICE TO ALL USERS
Carefully read the following legal agreement ("agreement"), which sets forth license terms for Speed-O-Meter software. BY INSTALLING SPEED-O-METER, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. If someone else uses a copy of Speed-O-Meter installed by you, he or she may do so only subject to all conditions, obligations and limits described in this Agreement.
Cymphonix hereby license you for unlimited use of Speed-O-Meter on your personal computer(s), such as desktop and laptop, or for multiple users on a single personal computer, but not both, and to make one copy in machine-readable form for backup purposes only. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying Speed-O-Meter. Within any such copy, you must reproduce the copyright notices and any other proprietary legends that were on the original downloaded copy of Speed-O-Meter. No license, right or interest in any trademark, trade name or service mark of Cymphonix or any third party is granted under this License. You may not modify Speed-O-Meter or disable any licensing or control features of Speed-O-Meter except as an intended part of Speed-O-Meter`s programming features. When you first obtain a copy of Speed-O-Meter, you are granted an evaluation period of not more than 30 days. You are expected to use Speed-O-Meter on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. After the 30-day evaluation period, you must pay for Speed-O-Meter according to the terms and prices discussed in Speed-O-Meter`s documentation, or you must remove Speed-O-Meter from your system. This license is not transferable another organization or individual. Any reproduction or redistribution of Speed-O-Meter not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent allowable by law.
COPYRIGHT AND TITLE
Speed-O-Meter is protected by United States copyright laws and international treaty provisions. Speed-O-Meter and its suppliers own and retain all right, title and interest in and to Speed-O-Meter, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of Speed-O-Meter does not transfer to you any title to the intellectual property in Speed-O-Meter, and that you will not acquire any rights to Speed-O-Meter except as expressly set forth in this Agreement. You agree that any copies of Speed-O-Meter and Documentation will contain the same proprietary notices that appear on and in Speed-O-Meter and Documentation.
Speed-O-Meter is made available for downloading for use by end users according to this License Agreement. The unmodified distribution archive of Speed-O-Meter may be offered for evaluation purposes via download from any Internet web site, BBS or any other online or offline media, provided that no charge is made except for the media upon which it is distributed or the bandwidth utilized. Anyone offering the unmodified distribution archive must also take reasonable precaution to insure they are distributing the latest version of the program as available from the www.cymphonix.com web site. Cymphonix reserve the right to revoke distribution rights from anyone at any time without cause.
You may not rent, lease, loan or resell Speed-O-Meter. You may not permit third parties to benefit from the use or functionality of Speed-O-Meter via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble Speed-O-Meter, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, Speed-O-Meter in whole or in part. You may not copy Speed-O-Meter or Documentation except as expressly permitted above. You may not remove any proprietary notices or labels on Speed-O-Meter.
This License is effective until terminated. You may terminate this License at any time by destroying Speed-O-Meter, and all copies thereof. This License will be construed as terminated immediately and without notice from Cymphonix if you fail to comply with any provision of this License. If this license is terminated for any reason, you must destroy Speed-O-Meter and all copies thereof.
You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all laws of the United States and other applicable laws and regulations.
This license will be governed by the laws of the state of Utah and United States federal law as they are applied to agreements between United States residents entered into and to be performed entirely within the United States. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
DISCLAIMER OF WARRANTY
SPEED-O-METER AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL CYMPHONIX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF, OR INABILITY TO USE, SPEED-O-METER, EVEN IF CYMPHONIX HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CYMPHONIX` LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
HIGH RISK ACTIVITIES
SPEED-O-METER IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF SPEED-O-METER COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). CYMPHONIX EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
This is the entire agreement between you, Cymphonix, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.