FilerMate distribution permissions and end-user license agreement
SOFTWARE LICENSE AGREEMENT
YOU MUST AGREE TO THIS LICENSE BEFORE USING THE SOFTWARE!
This Software License Agreement (herein after this Agreement) is a legal agreement between you i.e., the end user or customer (either an individual or a legal entity) and Karl E. Maij - KMSoft (hereinafter "KMSoft"). The copyright of this software (hereinafter the Software) and its associated documentation (including any, files, images, text incorporated into the Software) as well as any accompanying written materials is owned by KMSoft (the Owner), located at Sonnenrainstrasse 7a in 8134 Adliswil, Switzerland, and is protected by Swiss copyright laws and international treaties.
By installing, copying, downloading or otherwise using this software, you agree with the Owner to be bound by the terms and conditions of this Agreement, which will govern your use of the Software. You also agree then to KMSoft's standard business conditions. If you do not agree to this Agreement, do not install or use this Software. Any offence against this Agreement will be prosecuted to the fullest extent of the law. You will be held responsible for any employees or users who receive the Software and in turn make unauthorized copies.
Customers should carefully read the following terms and conditions before using the Software.
KMSoft grants, and the customer accepts, a non transferable and nonexclusive license to use the Software on the following terms and conditions:
You are permitted to pass copies of this software WITHOUT the registration key for evaluation purposes.
You may copy the software to another disk or media, for the purpose of backup protection only in the event of a system wide crash. The use of the Software on more than one server/computer requires the purchase of additional licenses of the Software. Installation of the Software onto a system that you use means that you have accepted and agreed to the terms that govern the use of copyrighted software.
You are not permitted to:
a) make copies of, or distribute any parts of the Software including the registration key.
b) install more instances of the software then you have licenses for it.
c) rent, lease, sub-license, loan, copy, modify, alter, adapt, merge, translate, reverse engineer, decompile, or re-package the Software into another product, or to disassemble it or create derivative works, based on the whole, or any part, of the Software or its associated documentation.
d) copy the Software incl. the registration Key for the purpose of illegal distribution or loading onto systems owned by another individual or company.
This Agreement is effective until you terminate it by destroying the Software and its documentation, together with all copies. This agreement will also terminate if you fail to abide by its terms. Upon termination, you agree to destroy all copies of the Software, and its documentation, including any Software stored on the hard disk of any server/computer under your control.
The Software is licensed to you. You do not own it. The Owner shall at all times retain ownership of the Software as well as all subsequent copies thereof, regardless of form or storage medium. The owner also retains the title, and all proprietary rights to the Software, including, but not limited to, all patent, copyright, trade secret, service marks, registered service marks, trademark or registered trademark rights.
You agree to protect the confidentiality of the Software, the documentation as well as any accompanying written materials.
You agree that you will not provide a copy of the Software or documentation or any accompanying written materials nor divulge any proprietary information of KMSoft to any person, other than your employees, without the prior consent of KMSoft. You shall use the best efforts to see that any user of the Software licensed hereunder complies with all provisions and prohibitions this Agreement.
5. DISCLAIMER OF WARRANTY
THE OWNER DOES NOT GUARANTEE THE FOLLOWING: THAT THE SOFTWARE WILL BE FREE FROM BUGS, ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT NEW RELEASES AND/OR UPGRADES OF THE SOFTWARE WILL BE PROVIDED. THE SOFTWARE, ANY INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED, IS SUPPLIED AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE RECIPIENT ACCEPTS ANY AND ALL RISK ASSOCIATED WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR INCIDENTAL LOSS OF BUSINESS PROFITS, SPECIAL DAMAGES ARISING FROM THE USE (OR INABILITY TO USE) THE SOFTWARE, OR FROM ERRORS OR DEFICIENCIES IN IT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE OWNER'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. INDISPENSABLE CLAIMS FOR PRODUCT LIABILITY BY LAW REMAIN UNAFFECTED.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
This Agreement shall be governed by Swiss laws and regulations and international treaties. Legal venue shall be Zurich, Switzerland. This license based upon laws of the federal republic of Switzerland. If any part of this license should be declared antinomian by a court with competent jurisprudence the remaining parts keep their validity anyway.
Karl E. Maij - KMSoft - Sonnenrainstrasse 7a - CH 8136 Gattikon
Diese Software darf von Privatpersonen uneingeschränkt benutzt und weitergegeben werden. Fuer die Distribution oder die Anwendung in einer Firma kontaktieren Sie bitte den Autor. Die Veroeffentlichung auf CDs oder anderen Medien ist mit Nennung des Autors, einem Link zu http://www.filerpal.com und einer kurzen Info an firstname.lastname@example.org ohne weitere Nachfrage erlaubt.
Jede Haftung wird abgelehnt.
This software may be freely used and distributed by private individuals. For distribution or use in a company you might contact the author. The publication on CD or other media for private users is allowed, a link to http://www.filerpal.com and a brief info to the author on email@example.com without further demand is appreciated. No liability is accepted.