FastSum distribution permissions and end-user license agreement
END USE LICENSE AGREEMENT:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF FASTSUM SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS FASTSUM SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the FastSum software package ("FastSum") with which this Agreement is
included by the developers.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received FastSum in the form of an original FastSum distribution package
as distributed by developers, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for FastSum are available from developers and FastSum
distributors. Copies of FastSum not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use FastSum free of charge for any purposes.
(c) You may not:
· permit others to use this FastSum program unless they are properly
licensed by FastSum developers, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this FastSum program.
· copy FastSum except as described above.
· sell or license copies of FastSum to others.
· remove any proprietary notices or labels on FastSum.
· use FastSum in or for High Risk Activities (defined below)
(d) All rights reserved by FastSum developers.
3. SUPPORT. FastSum contains online user manual. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
4. DISCLAIMER OF WARRANTY. DEVELOPERS DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST FASTSUM BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING FASTSUM AND DISTRIBUTING FILES CREATED THROUGH
USE OF FASTSUM, AND THAT IF YOU USE FASTSUM IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF FASTSUM
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL DEVELOPERS, OR EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF FASTSUM, FILES CREATED USING FASTSUM, OR YOUR RELATIONSHIP WITH DEVELOPERS. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
6. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
FastSum software and all other materials in this FastSum Original
Distribution Package and, at FastSum developer`s sole discretion, any or all of the
files created by you using FastSum and distributed to others.
7. HIGH RISK ACTIVITIES. FastSum is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of FastSum
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Developers and their suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
8. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and developers. Waiver by developers of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to FastSum or to
this Agreement shall be governed by the laws of the Russian Federation, without regard to R.F. choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to developers or the matters in this Agreement shall be
exclusively in courts located in Kaliningrad. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by developers herein.
You may dustribute, install and use FastSum free of charge for any purposes.