Melange distribution permissions and end-user license agreement



The author of this software is: Wolf van Heeswijk

A natural or legal person (i.e. a company) in any country, who has a legal relationship with AUTHOR in connection with a License or in connection with any form of providing the Software to this natural or legal person by AUTHOR .

Computerprograms, third-party software components, file structures, helpfiles, and other software provided by AUTHOR to enable operation of the software products on a computer.

A grant of license by AUTHOR to allow Client to install and use the Software on his/her computer under the conditions laid down in the License agreement.

Delivery to Client means that AUTHOR makes the Software available to Client for use on one or more computers, under the conditions laid down in the License agreement. Delivery does not affect the ownership of the Software: AUTHOR remains the owner of the Software and the Intellectual Property rights at all times.

AUTHOR and Client are the two parties for whom any legal relationship is governed by these General Conditions.


1.1 These General conditions and terms of delivery - exclusively - govern each and every legal relationship between AUTHOR and Client. Terms that differ from these General conditions and terms of delivery are only applicable if and when AUTHOR has explicitly agreed to those terms in writing.

1.2 When an Agreement between AUTHOR and Client ends - by whatever cause - these General conditions and terms of delivery remain in full force and will govern each and every relationship between the Parties.

2 Each and every legal relationship between AUTHOR and Client will be exclusively governed by Dutch material- and formal law, excluding collision law and other legal rules. International Treaties that have no direct force under the Dutch legislative system as well as the Vienna Convention on Consumer Goods are expressly excluded.

3 The moment a License Agreement between AUTHOR and Client goes into force, Client is granted a non-exclusive, non-transferable license to use the Software on the computers to which the License applies, under the conditions laid down in the License Agreement.

4 The License Agreement goes into force when Client, during the installation of the Software on his/her computer, accepts the License Agreement. By installing the Software, Client fully accepts all terms in the agreement, and fully accepts these General Conditions.

5 Client is granted the non-exclusive, non-transferable License to install the Software on his/her computer and to use it on that computer, only if he/she:
a. fully accepts these General Conditions
b. fully accepts the License Agreement presented during the installation

Limitations for use of the Software

6 The software is not intended for use in, nor deemed suitable for application in nuclear facilities, aircraft navigation systems, air traffic control systems, naval navigation systems, naval traffic control systems, medical treatment of one or more persons, or any other situation where any use of the software, e.g. due to errors in the software or due to any other cause in using the software, could lead to death, personal injury or any other physical damage or to damage to the environment. Client agrees not to use the software in any of those situations and indemnifies author for all damage claims that could result from such unauthorized use of the software.

7 Client shall not use the Software in any form or activity that infringes the Intellectual Property rights of AUTHOR. Copying , analizing, reverse-engineering the Software, using or re-using parts of the Software in another form than provided by AUTHOR , building or including parts of the Software into other software - and similar activities - form an infringement of the rights of AUTHOR and are not allowed.

8A License granted to Client does not imply in any way a promise for support that goes further than providing the Help-file with the Software. By accepting the License agreement Client accepts that no further support for using the Software is implied in the License.

9 This SOFTWARE is provided "as is" without a warranty of any kind. By accepting this License Agreement, LICENSEE agrees that he or she will make use of the SOFTWARE entirely at his/her own risk, and that he/she takes the full responsibility for using the SOFTWARE, including the possibility that it may still contain bugs or errors and that the fitness for any particular purpose was not demonstrated and is not guaranteed or promised by AUTHOR. In no event shall AUTHOR or its suppliers be liable for any damages whatsoever including direct damages, indirect damages, incidental damages, consequential damages, loss of business profits or any special or other damages, even if AUTHOR has been advised or warned on the possibility of such damages.

Other terms and provisions

10 AUTHOR endeavours to prevent virus contamination of its Software, yet cannot fully guarantee that no virus contamination or other malicious intervention through the internet - or through another route - could occur. Client agrees that he/she is fully resonsible to check his/her own computer for virus presence and other malicious effects when installing and using the Software.

11 In case a court verdict would imply that ruling out all forms of liability of AUTHOR is not allowed, the liability of AUTHOR will be limited to the license fee Client has paid for the Software.

12 By filling the registration form in the order procedure, Client grants AUTHOR the right to store Clients personal data - as submitted - in one or more files for administrative purposes used by AUTHOR.

13 Any dispute that may arise from these General conditions and terms of delivery or from the License agreement accepted by Client in the installation of the Software will exclusively and entirely be subjected to the court verdict of the District Court (Arrondissements-rechtbank) in The Hague, Netherlands (Den Haag).

14 If one or more of the terms or clauses in these General conditions is / are in conflict with legal rules or are declared invalid by a decision in court, the other terms and clauses will be unaffected and will remain in full force. AUTHOR and Client will then agree on one or more new terms that provide a legal solution in accordance with the intent of the original text of these General Conditions.

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