Feet and Inches Calculator distribution permissions and end-user license agreement

FINCH FEET AND INCHES CALCULATOR CLICK-WRAP LICENSE AGREEMENT IMPORTANT - READ CAREFULLY: This FINCH FEET AND INCHES CALCULATOR Click-Wrap License Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity, hereinafter referred to as "Licensee") and STRINGER DESIGN ("SD"), for the FINCH FEET AND INCHES CALCULATOR software (the "Software") in object code only. The term "Software" also includes any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied by SD and any user manuals or other documentation supplied by SD in conjunction with the FINCH FEET AND INCHES CALCULATOR software. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE. 1. LICENSE TERMS a. Grant of License. Licensor hereby grants to Licensee, pursuant to the terms and conditions of this Agreement, a perpetual, nonexclusive, nontransferable license to use the Software. b. Authorized Use. Licensee shall use the Software only on a single computer at a given time. c. Restrictions on Use. Licensee agrees to use the Software only for Licensee`s own business. Without purchasing additional licenses, Licensee shall not (i) permit any parent, subsidiaries, affiliated entities or third parties to use the Software, (ii) process or permit to be processed the data of any other party, (iii) use the Software in the operation of a service bureau, or (iv) allow remote access to the Software through any means at any time. d. Copies. Licensee, solely to enable it to use the Software, may make one archival copy of the Software, provided that the copy shall include Licensor`s copyright and any other proprietary notices. Licensee shall have no other right to copy, in whole or in part, the Software. Any copy of the Software made by Licensee is the exclusive property of Licensor. e. Modifications; Reverse Engineering. Licensee agrees that only Licensor shall have the right to alter, maintain, enhance or otherwise modify the Software. Licensee shall not disassemble, decompile or reverse engineer the Software. Licensee shall not permit or assist any third party to disassemble, decompile or reverse engineer the Software. f. Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 1 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to terminate this Agreement. The presence of this Subsection 1.f shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either Party. g. Reservation of Rights. Licensor hereby reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, Licensor`s right to license the Software to any third party. 2. INTELLECTUAL PROPERTY RIGHTS a. Title. Licensee and Licensor agree that Licensor owns all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software, whether made by Licensor or any third party. b. Transfers. Under no circumstances shall Licensee sell, license, publish, display, distribute, or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Licensor`s prior written consent. 3. WARRANTY; DISCLAIMER OF WARRANTIES a. Warranty. Licensor warrants to Licensee that for a period of thirty (30) days after downloading and installing the Software that the Software will substantially comply with SD`s then current specifications for the Software. b. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE, DOCUMENTATION AND OTHER FILES ARE PROVIDED "AS IS." SD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other legal rights, which vary from jurisdiction to jurisdiction. 4. LIMITATION OF LIABILITY a. IN NO EVENT WILL SD BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF SD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SD`S TOTAL LIABILITY TO LICENSEE EXCEED THE AMOUNT LICENSEE PAID IN LICENSE FEES FOR THE RIGHT TO USE A SINGLE COPY OF THE SOFTWARE. 5. GENERAL PROVISIONS a. Modifications. No modification or waiver of this Agreement or any provisions shall be binding unless made in writing and signed by the parties hereto. b. Governing Law/Venue/Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Washington, without regard to choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Venue and jurisdiction shall be proper only in the state of Washington and each party hereby consents to such exclusive and personal jurisdiction and venue. c. Termination. Without prejudice to any other rights, SD may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must destroy all copies of the Software. d. Severability. Except as otherwise set forth in this Agreement, the provisions of this Agreement are severable, and if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law. e. Complete Agreement. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to the subject matter. f. Waiver. Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default. g. Read and Understood. Licensee hereby acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. h. Headings. The headings to the Sections and Subsections of this Agreement are included merely for convenience of reference and shall not affect the meaning of the language included therein.

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