PPCalc - PayPal Fee Calculator distribution permissions and end-user license agreement

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SOFTWARE LICENSE AND WARRANTY

Read this agreement carefully. If you agree to its terms, press the Accept key to continue with the Setup. If you do not agree to its terms, press Decline to abort the installation. The software which accompanies this license (the "Software") is the property of PPCalc.com or its licensors and is protected by copyright law. While PPCalc.com continues to own the Software, you will have certain rights to use the Software after your acceptance of the license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations are as follows:

PPCalc
Trial Copy License Agreement

By using, copying, transmitting, distributing or installing PPCalc, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then do not use, copy, transmit, distribute, or install PPCalc.

This is not free software. Subject to the terms below, you are hereby licensed by PPCalc.com to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period you must purchase the software. Payments must be made via PayPal sent in US Currency, and should be sent to orders@ppcalc.com. See the PPCalc.com Software web site at http://www.ppcalc.com/software for more information about online ordering.

Unregistered use of PPCalc after the 30-day evaluation period is in violation of U.S. and international copyright laws.

You may, without notifying or making any payment to PPCalc.com:

a) give exact copies of this trial version of PPCalc personally to anyone, except for the purpose of extending their 30 day evaluation period;

b) distribute exact copies of this trial version of PPCalc, if done exclusively through electronic channels; and

c) make as many exact copies of this evaluation version of PPCalc as you wish, for purposes of distribution as described in (a) and (b) above.

You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from PPCalc.com. PPCalc.com reserves the right to revoke the above distribution rights at any time, and for any reason.

This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, either express or implied. In particular, there is no warranty that the software is or will be free from defects, bugs or viruses. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. In no event shall PPCalc.com, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of PPCalc, or your relationship with PPCalc.com.

In addition, in no event does PPCalc.com authorize you to use PPCalc in applications or systems where PPCalc`s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold PPCalc.com harmless from any claims or losses relating to such unauthorized use.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in either the counties of San Diego or Los Angeles in the State of California, and you consent to such jurisdiction and venue.

All rights of any kind in PPCalc which are not expressly granted in this License are entirely and exclusively reserved to and by PPCalc.com. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on PPCalc. You may not make access to PPCalc available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by PPCalc.com herein.

PPCalc © 2005 by PPCalc.com All rights reserved.

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Software License Agreement

ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDUMS ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY PPCALC.COM.

LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO PPCALC.COM, WITHIN 30 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.

A. LICENSE:
PPCalc.com ("we" or "us") provides you with storage media containing a computer program, computer software, including its code, objects including their API’s as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by us for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.

B. YOU MAY:
1. install and use one copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM of the home or portable computer at the same time its is loaded in the RAM of the primary computer.
2. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
3. make one copy of the Product for archive or backup purposes.
4. transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.

C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. modify the Product or merge all or any part of the Product with another program.
5. redistribute the fonts or sound files included with the Product
6. separate the component parts of the Product for use on more than one computer.

D. TERM:
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

E. LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT FOR THE EXPRESS WARRANTY ABOVE , THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

F. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Product by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The manufacturer is PPCALC.COM.

G. GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the state of California and the United States of America, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.

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You may, without making any payment to PPCalc.com, and without notifying PPCalc.com:

a) give exact copies of this trial version of PPCalc personally to anyone, except for the purpose of extending their 30 day evaluation period;

b) distribute exact copies of this trial version of PPCalc, if done exclusively through electronic channels; and

c) make as many exact copies of this evaluation version of PPCalc as you wish, for purposes of distribution as described in (a) and (b) above.

You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from PPCalc.com. PPCalc.com reserves the right to revoke the above distribution rights at any time, and for any reason.

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