Random Password Generator-PRO distribution permissions and end-user license agreement
HIRTLE SOFTWARE: EVALUATION LICENSE
THIS AGREEMENT PRESCRIBES THE TERMS AND CONDITIONS
ON WHICH YOU MAY USE THE ENCRYPTED, EXECUTABLE
SOFTWARE PROGRAMS AND ASSOCIATED DOCUMENTATION
AND FILES ACCOMPANYING THIS AGREEMENT
(COLLECTIVELY, THE "SOFTWARE").
READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT CAREFULLY BEFORE USING OR DOWNLOADING
THE SOFTWARE. BY DOING EITHER, YOU AND YOUR
COMPANY (COLLECTIVELY, THE "LICENSEE") ARE ACCEPTING
AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU OR YOUR COMPANY ARE NOT WILLING
TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR
DOWNLOAD THE SOFTWARE.
VARIOUS PATENTS, COPYRIGHTS AND OTHER INTELLECTUAL
PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS
AGREEMENT IS A LICENSE AGREEMENT THAT GIVES
LICENSEE LIMITED RIGHTS TO USE THE SOFTWARE AND NOT
AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE.
HIRTLE SOFTWARE RESERVES ALL RIGHTS NOT EXPRESSLY
GRANTED BY THIS AGREEMENT.
1. License Grant.
On the terms and conditions of this Agreement, Hirtle Software
grants Licensee a nonexclusive, nontransferable license to use
the Software only in encrypted, machine-readable object code
form, only on one computer at any time and only for Licensee’s
own evaluation of the Software.
2. Property Rights and Restrictions.
2.1 Ownership. Licensee acknowledges that the Software, all
enhancements, corrections and modifications to the Software
(regardless whether made by Hirtle Software, Licensee or anyone
else) and all patents, copyrights, trade secrets, trademarks and
other intellectual property rights protecting or pertaining to any
aspect of the Software (or any enhancements, corrections or
modifications) are and shall remain the sole and exclusive
property of Hirtle Software and, where applicable, Hirtle Software’
suppliers. This Agreement does not convey title or ownership to
Licensee, but instead gives Licensee only the limited right to use
the software set forth in Section 1.
2.2 Use Restrictions. Except as set forth in Section 1, Licensee
has no right to use, make, sublicense, modify, distribute or copy
originals or copies of the Software or permit anyone else to do so.
Licensee may use the software only to evaluate the Software’s
functions. Licensee may make no other use of the Software,
including without limitation any use of the Software for any kind of
commercial purpose of any nature.
2.3 Proprietary Notices and Trademark. Licensee shall not
remove any patent, copyright or trademark or other intellectual
property notices that may appear on any part of the Software.
2.4 Trade Secrets. Licensee acknowledges that the Software, in
its source code form, contains valuable trade secrets belonging to
Hirtle Software. Licensee may not reverse engineer, decompile,
disassemble or otherwise translate any software. Licensee may
not copy any concepts, ideas, or techniques demonstrated by the
use of the Software.
2.5 Remedies. Licensee acknowledges that money damages
may not be an adequate remedy for any breach or violation of
any requirement set forth in this Section 2 and that any such
breach or violation may leave Hirtle Software without an adequate
remedy at law. Licensee therefore agrees that, in addition to any
other remedies at law, in equity or under this Agreement, Hirtle
Software shall be entitled to obtain injunctive relief from a court
of competent jurisdiction to restrain any such breach or violation.
3. No Warranty.
3.1 HIRTLE SOFTWARE IS PROVIDING THE SOFTWARE "AS IS" WITHOUT
MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANY
KIND. HIRTLE SOFTWARE DISCLAIMS ALL WARRANTIES,
CONDITIONS OR REPRESENTATIONS (WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE
SOFTWARE, INCLUDING ANY AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY
4. No Damages.
4.1 HIRTLE SOFTWARE SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER
PERSON OR ENTITY IN CONTRACT, TORT OR OTHERWISE FOR ANY DAMAGES
OF ANY KIND, WHETHER FOR BREACH OF WARRANTY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM LICENSEE’S
USE OF THE SOFTWARE.
5.1 The laws of the state of Texas will govern this Agreement
and its interpretation, and Licensee consents to the jurisdiction and
venue of the Virginia Superior Court, Virginia or the United States
District Court for the District of Virginia as the exclusive forum for
all disputes concerning this Agreement or the Software. The prevailing
party in any action arising from this Agreement may recover its reasonable
attorneys’ fees and costs from the losing party. The invalidity or
unenforceability of any provision in this Agreement shall not affect the
validity or enforceability of the rest of this Agreement. Either party’s
failure to enforce any right granted by this Agreement shall not be
deemed a waiver of that party’s right to enforce any other right or
to take action in response to any other breach. By executing this software
you agree that you have read and accept the above said license.
This software may be distributed freely as long as the integrity of shareware is maintained.