PC Diag Windows Ultra Lite distribution permissions and end-user license agreement
END USER DISTRIBUTION AGREEMENT FOR PC DIAG WINDOWS ULTRA LITE SHAREWARE VERSION
PC DIAG, Inc. ("PC DIAG") agrees to provide the user ("USER") with a copy of this software product ("SOFTWARE"), and grants the USER a limited license to use the SOFTWARE. This LICENSE AGREEMENT ("LICENSE") defines what the USER may do with the SOFTWARE, and contains limitations on warranties, liabilities and remedies. This LICENSE may be revoked by PC DIAG at any time without notice if the USER fails to comply with the terms of this LICENSE. The copyright and all other rights in the SOFTWARE shall remain with PC DIAG.
LICENSE OF UNREGISTERED SOFTWARE
An unregistered copy of the SOFTWARE ("UNREGISTERED SOFTWARE") may be used by the USER for evaluation purposes for a period of thirty (30) days following the initial installation of the UNREGISTERED SOFTWARE. At the end of the trial period ("TRIAL PERIOD"), the USER must either pay the registration fee for the SOFTWARE or remove it from his system. When payment is received the user will be sent a registered copy of the latest version. The UNREGISTERED SOFTWARE may be freely copied and distributed to other users for their evaluation.
LICENSE OF REGISTERED SOFTWARE
A registered copy of the SOFTWARE ("REGISTERED SOFTWARE") allows the USER to use the SOFTWARE only on a single computer or network and only by a single user at a time. If the USER wishes to use the SOFTWARE for more than one user, the USER will need a separate license for each individual user. The USER is allowed to make one copy of the REGISTERED SOFTWARE for back-up purposes.
TERM OF LICENSE
This LICENSE shall continue for as long as the USER uses the REGISTERED SOFTWARE and/or distributes the UNREGISTERED SOFTWARE according to the terms of this agreement. However, this LICENSE will terminate if the USER fails to comply with any of its terms or conditions. The USER agrees, upon termination, to destroy all copies of the REGISTERED and/or UNREGISTERED SOFTWARE. The limitations of warranties and liability set forth in this LICENSE shall continue in force even after termination.
ACCEPTANCE OF THIS LICENSE AGREEMENT
By downloading and/or installing this SOFTWARE, the USER agrees to the terms of this LICENSE.
DISCLAIMER OF WARRANTY AND LIABILITY
THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PC DIAG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PC DIAG BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE.
ANY LIABILITY OF PC DIAG WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF ORIGINAL PURCHASE PRICE.
The USER may not rent, lease, sublicense, translate, disassemble, reverse engineer, or de-compile the SOFTWARE, or modify or merge the SOFTWARE with any part of the software in another program. This LICENSE may not be assigned or otherwise transferred without the prior written consent of PC DIAG.
If any provision of this LICENSE shall be declared invalid or unenforceable, the remaining provisions of this LICENSE shall remain in full force and effect to the fullest extent permitted by law. In such event, each provision of this LICENSE which is invalid or unenforceable shall be replaced with a provision as similar in terms to such invalid or unenforceable provision as may be possible which is legal and enforceable.
This LICENSE is the entire agreement between PC DIAG and the USER, and supersedes any other agreement, oral or written, and may not be changed except by a written signed agreement.
SOFTWARE DISTRIBUTION AGREEMENT FOR PC DIAG WINDOWS ULTRA LITE SHAREWARE VERSION
This Software Distribution Agreement (hereinafter referred to as “AGREEMENT”) is a legal AGREEMENT between you, and PC Diag Inc (hereinafter referred to as “AUTHOR) for distributing the computer software program entitled PC Diag UltraLite (“PC Diag Windows Ultra Lite”) (hereinafter referred to as “SOFTWARE”).
This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the software are authorized except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software License Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different license AGREEMENT signed by the AUTHOR, your use of this SOFTWARE indicated your acceptance of this license AGREEMENT.
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the “Software License Agreement”.
As stated, the SOFTWARE is marketed as SHAREWARE.
Definition of Shareware
Shareware distributions give users a chance to try software before buying it. If you try a Shareware program and continue using it after the expiration time you are required to register it and purchase the licensed version or remove it entirely from your system.
Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. The author specifically grants the right to copy and distribute the software, either to all and sundry to a specific group.
Shareware is a distribution method, not a type of software.
GENERAL TERMS AND CONDITIONS
AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (try-before-you-buy software); it is not public domain or free software or freeware.
You may distribute the SOFTWARE only in its original form the entire software package, including but not limited to: “Read Me” files, documentation, software license, and the program itself. Distributor may not modify any part of the program or accompanying files in any way.
You may distribute the SOFTWARE via Website, Magazine, Book or CD-ROM with no further permission from the AUTHOR. You may also distribute this SOFTWARE on your disk/CD as bundled shareware with other programs without charge and permission as long as the “General Terms and Conditions” set fourth above are complied with.
Software/Hardware Manufactures & Suppliers: You may distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from the AUTHOR.
You shall take reasonable steps to ensure that the SOFTWARE and any other software documentation and materials distributed with the SOFTWARE are free from viruses.
You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE.
AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation or other elements, at its discretion from time to time without the consent of, or any obligation to, any licensed users or distributors.
You will hold AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE.
BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT`S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.