The Permutator distribution permissions and end-user license agreement

The Permutator - Evaluation Version Software License Agreement

COPYRIGHT:
The Permutator - Evaluation Version, the The Permutator Help text, and all supporting utilities are Copyright 2004-2006 by Boxer Software, All Rights Reserved Worldwide.

Please read carefully the following terms and conditions. Installation and/or use of this product constitutes your acceptance of these terms and conditions, and your agreement to abide by them.

BY INSTALLING AND/OR USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT, YOU UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND THAT IT SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE SOFTWARE AND DOCUMENTATION.

GRANT OF LICENSE:
BOXER SOFTWARE GRANTS YOU, THE END USER, A NON-EXCLUSIVE PERSONAL LICENSE TO USE THIS SOFTWARE FOR A PERIOD OF UP TO 10 DAYS (CONSECUTIVE OR N0N-CONSECUTIVE) IN ORDER TO EVALUATE ITS SUITABILITY TO YOUR NEEDS. AFTER THE EVALUATION PERIOD YOU MUST EITHER PURCHASE A FULLY-LICENSED COPY FROM BOXER SOFTWARE OR CEASE USING THE SOFTWARE. YOU MAY USE THE SOFTWARE ON A SINGLE PERSONAL COMPUTER SYSTEM AND MAKE AS MANY COPIES AS NEEDED FOR BACKUP AND ARCHIVAL. YOU MAY ALSO DISTRIBUTE THE SOFTWARE, UNMODIFIED AND IN ITS ENTIRETY, TO OTHERS WHO ARE INTERESTED IN EVALUATING THE SOFTWARE. YOU MAY NOT MODIFY, ALTER, TRANSLATE, DISASSEMBLE, DECOMPILE, RENT, OR LEASE THE SOFTWARE OR THE REFERENCE INFORMATION. THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. YOU MAY TERMINATE IT AT ANY TIME BY DESTROYING THE SOFTWARE. IT WILL ALSO TERMINATE IF YOU FAIL TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT. YOU AGREE UPON SUCH TERMINATION TO DESTROY THE SOFTWARE.

WARRANTY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOXER SOFTWARE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES RELATING TO THIS SOFTWARE AND ITS DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY:
IN NO EVENT SHALL BOXER SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BOXER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BOXER SOFTWARE`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Boxer Software and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS:
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Boxer Software, P.O. Box 14545, Scottsdale, AZ 85267-4545.

Unpublished-rights reserved under the copyright laws of the United States. Boxer Software, P.O. Box 14545, Scottsdale, AZ 85267-4545.

TRADEMARKS:
`The Permutator` is a trademark of Boxer Software. Microsoft is a registered trademark of Microsoft Corporation. Other brand and product names are trademarks or registered trademarks of their respective holders.

Evaluation versions of The Permutator may be freely distributed, subject to the following restrictions:

* The Permutator must be distributed without modification, in its entirety.

* The Permutator is not to be used as an enticement to purchase another product without the explicit consent of Boxer Software.

* The Permutator is not to be packaged for sale with its reference information, or other supporting documentation, pre-printed for the end-user.

* The Permutator must not be distributed in a pre-installed form. The user must be able to run the installation program to select his/her preferences.

* The Permutator evaluation copies may not be sold for a price in excess of $10.00 USD, nor may they be auctioned. The software must be clearly represented as being for evaluation purposes.

* The Permutator is not to be rented or leased.

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