RetainWall distribution permissions and end-user license agreement

LICENCE AGREEMENT FOR USING RETAINWALL SOFTWARE

This is a legal agreement between you (either an individual or entity), the end user, (hereinafter referred to as "Licensee") and Dhani Irwanto (hereinafter referred to as "Developer"). If Licensee does not agree to the terms of this Agreement, Licensee shall promptly return the package and any accompanying items including written materials and binders or other containers. By installing this program, the Licensee indicates acceptance of this Agreement.

GRANT OF LICENSE

Dedicated Use:
Developer grants to Licensee the right to use one (1) copy of the software product identified above (the "Software") on a single computer ("Dedicated Computer"). Licensee may transfer the Software to another single computer, provided no copies of the Software licensed herein are retained for use on any other computer. Licensee may also install or store the software on a network server of a local, internal network. The software may then be installed and run on other computers over the internal network provided enough licenses are acquired and dedicated for each separate workstation which will run the software concurrently.

Transferability:
Developer grants to Licensee a nontransferable License to use this Software. Multiple licenses of the Software to same licensee are available at discounted rates. Licensee shall not sell, rent, lease, lend, transfer, publish, disclose, display or otherwise make available any portions of the Software or copies thereof to others. For the purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device.

TERM OF LICENSE

The term of this License shall begin from the date of invoice and will last as long as the Licensee complies with the terms of this Agreement. This License is subject to cancellation by Developer if Licensee fails to comply with the terms and conditions of this Agreement. Within thirty (30) days of such cancellation, Licensee shall return the Software to Developer.

COPYRIGHT

The Software is owned by Developer and is protected by copyright laws and international treaty provisions. Therefore, Licensee must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that Licensee may either make one (1) copy of the Software solely for backup or archival purposes, or transfer the Software to a single hard disk, provided Licensee keeps the original solely for backup or archival purposes. Licensee may not copy the written materials accompanying the Software without prior written authorization from Developer.

OTHER RESTRICTIONS

This Developer License Agreement is Licensee's proof of license to exercise the rights granted herein and must be retained by Licensee. Licensee agrees to secure and protect the Software and copies thereof in a manner consistent with the maintenance of the proprietary rights of Developer. Licensee agrees to take appropriate action, by instruction or agreement with its employees who are permitted access to the Software, to protect unauthorized proliferation of the Software. Licensee may not reverse engineer, decompile, or disassemble the Software.

PROGRAM UPGRADES

From time to time, Developer may, at its discretion, offer program upgrades. If offered, such upgrades will be provided at no charge to the Licensee for a period of ninety (90) days from the date of this Agreement.

LIMITED WARRANTY; NO OTHER WARRANTIES

Developer warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some countries do not allow limitations on duration of an implied warranty, so the above limitation may not apply to Licensee.

Developer disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware. This limited warranty gives Licensee specific legal rights. Licensee may have others, which vary from country to country.

CUSTOMER REMEDIES

Developer's entire liability and Licensee's exclusive remedy shall be, at Developer's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Developer's Limited Warranty and that is returned to Developer with a copy of Licensee's receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall Developer or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Developer product, even if Developer has been advised of the possibility of such damages. Because some countries do not allow the exclusion or limitation of liability for consequential damages, the above limitation may not apply to Licensee.

DISCLAIMER

CONSIDERABLE TIME, EFFORT AND EXPENSE HAVE GONE INTO THE DEVELOPMENT OF THE SOFTWARE, AND IT HAS BEEN THOROUGHLY TESTED AND USED. HOWEVER, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, NO WARRANTY IS MADE ON ITS ACCURACY OR RELIABILITY. IT IS THE RESPONSIBILITY OF THE ENGINEER TO VERIFY THE RESULTS OBTAINED FROM THE SOFTWARE. IN THE EVENT THE SOFTWARE IS FOUND TO BE DEFECTIVE, DEVELOPER'S ONLY OBLIGATION IS TO REMEDY THE DEFECT. DEVELOPER WILL IN NO EVENT HAVE OBLIGATIONS OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OF THE SOFTWARE. NO OTHER WARRANTY IS MADE.

GENERAL

This License shall be interpreted by the laws. In the event that any portion of this Agreement is invalidated by court or legislation, the remaining portions of the Agreement shall remain in binding effect. In the event of legal action brought by either party, the prevailing party shall be entitled to reimbursement of actual legal fees and related expenses. The Licensee agrees that this Agreement shall inure to the benefit of Developer, its administrators, successors, heirs and assignees. This Agreement may only be changed by mutual written consent.

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