n-Surf distribution permissions and end-user license agreement

n-Surf 1.0 beta Pre-Release License Agreement

1. PRE-RELEASE: The Materials are pre-release code, which may not be fully functional and which Author may substantially modify in producing any final version. Author can provide no assurance that it will ever produce or make generally available a final version. You agree to maintain as confidential all information relating to your use of the Materials and not to disclose to any third party any benchmarks, performance results, or other information relating to the Materials comprising the pre-release.

2. LICENSE DEFINITIONS:

A. “Materials” are defined as the software, documentation, license key codes and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement.

3. LICENSE GRANT:

A. Subject to all of the terms and conditions of this Agreement, Author grants to you a non-exclusive, non-assignable copyright license to use the Materials internally only.

4. LICENSE RESTRICTIONS:

A. You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form.

B. You may not distribute any portion of Materials to a third party.

5. COPYRIGHT: Title to the Materials and all copies thereof remain with Author or its suppliers. The Materials are copyrighted and are protected by International copyright laws and treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Author does not grant any express or implied right to you under Author patents, copyrights, trademarks, or trade secret information.

6. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. AUTHOR OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER AUTHOR NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Author HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should the buyer purchase or use the Materials for any such unintended or unauthorized use, the buyer shall indemnify and hold Author and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Author was negligent regarding the design or manufacture of the part.

8. TERMINATION OF THIS LICENSE: The term of this Agreement will commence on the date this Agreement is accepted by You and will continue until terminated. This Agreement will terminate without notice on the last day of the pre-release period, which is specified elsewhere in the Materials, or upon the commercial release of the Materials. Author may terminate this Agreement at any time, with or without cause, with written notice to you. Upon termination, you will immediately destroy the Materials or return all copies of the Materials to Author along with any copies you have made.

Author and developer of n-Surf,
Nickolay Brailko.

You may not sell the beta evaluation copy.
You must disclose that this is shareware and that the product is not free.

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