PatchBreeze distribution permissions and end-user license agreement

IMPORTANT NOTE

The Software, as defined below, is protected by copyright, which are vested in Magpiesoft.

Registration codes, as defined below, are protected by copyright, which is vested in Magpiesoft.

The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document.

If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.

To make personalized advertising possible, users of the ad-sponsored software may provide ad-related profile information on strictly a voluntary basis. The Magpiesoft privacy policy, found at governs the use of such profile information.

END USER LICENSE AGREEMENT

DEFINITIONS

The following definitions apply to the terms and conditions included in this Agreement.

PatchBreeze
means a program, developed by Magpiesoft, for creating software, documents and databases updates from the old version to the new one.

Software
means PatchBreeze, all program and information files and other documentation which are part of the PatchBreeze Software package, with the exception of the Registration Codes.

Registration Code
registers a paid version of the software. This disables the advertising components, and removes advertising content which has been cached.

Individual
means a particular person.

Use of the Software
means use of the Software on one or more computers by a single Individual. Where the Software is used by more than one person, then this will constitute multiple uses where the number of uses will be equal to the number of Individuals able to access to the Software even if not all of the Individuals with access make use of the Software.

TERMS OF AGREEMENT

This is a legal agreement between you, the users, and Magpiesoft. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.

You may use one copy of the Software on only one computer at a time. If you have multiple licenses of the Software, you may use as many copies at any time as you have a license. "Use" means loaded in temporary memory or permanent storage on the computer. Installation on a network server solely for distribution to other computers is not "use", if you have a separate license for each computer to which the Software is distributed. If the number of users will exceed the number of licenses, you must have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses.

The Software is protected by United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes. You may not rent or lease the Software or copy any written materials accompanying the Software, but you may transfer the Software and all accompanying materials on a permanent basis, if you retain no copies and the recipient agrees to the terms of this Agreement. Any transfer must include the most recent update and all prior versions.

All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Magpiesoft or its suppliers.

You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.

Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration Code for any other purpose without written agreement from Magpiesoft.

The copyright of all Registration Codes remains vested in Magpiesoft which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. MAGPIESOFT OR ITS SUPPLIERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.

YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.

MAGPIESOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL MAGPIESOFT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAGPIESOFT ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS")

REGARDLESS OF THE FORM OF ACTION, MAGPIESOFT AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.

Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Privacy statement: Magpiesoft strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users personal information, within the confines of the PatchBreeze domain. The Magpiesoft privacy statement found at , is incorporated in this Agreement by reference.

Any variation to the terms of this Agreement shall only be valid if made in writing by Magpiesoft.

Thank you for using PatchBreeze.

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