License Agreement for "Windows DDE for Java API (Trial)" library.
IMPORTANT - PLEASE READ CAREFULLY: BY DOWNLOADING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR INSTALLING THE SOFTWARE, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS FO THIS LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IGNAT SKORYKH ("JAVAPARTS"). THIS LICENSE AGREEMENT ACCOMPANIES JAVAPARTS'S SOFTWARE AND RELATED EXPLANATORY MATERIALS AND EXTENDS TO ANY UPGRADES, MODIFIED VERSIONS, UPDATES, ADDITIONS, AND COPIES OF THE SOFTWARE LICENSED TO YOU BY JAVAPARTS.
THE SOFTWARE IS PROTECTED BY APPLICABLE NATIONAL COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD. JAVAPARTS RETAINS ALL THE RIGHTS, WHICH ARE NOT EXPRESSLY GRANTED TO YOU ACCORDING TO THE PRESENT LICENSE AGREEMENT.
Subject to the restrictions contained in the Section 4, JavaParts grants to You a nonexclusive, royalty-free license to use the items of the Software during the eveluation period of 30 days. The validity term of this license can be extended for unlimited time period by means of payment. Upon expiration the software is due to be removed from your system by You.
According to the present License Agreement You are entitled to:
You do not have the right to:
JavaParts provides technical support service via e-mail (support@javaparts.com) during one year since the purchase of the license.
This License Agreement is effective until terminated. JavaParts has the right to terminate this license at any time immediately if You are in breach of any of its terms and conditions. Upon any such termination You must stop use of the Software and return all full and partial hard copies of the items in the Software immediately to JavaParts as well as destroy all electronic copies of the above items. JavaParts is entitled to change conditions of the distribution of the Software at any time.
You have a right to terminate the present License Agreement in any time other then by terminating any use of the Software and by destroying all copies of it, which are at your disposal.
From time to time, JavaParts may make available updates to the Software. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update and may be installed automatically, no confirmation by You is required.
JavaParts has a NO REFUND sales policy. All sales of licenses are FINAL.
Before purchasing a license, you are provided a 30-day evaluation period to determine whether the Software fits your business needs, works on your computer, and provides the benefits for which you will purchase the Software license. You do not have to provide JavaParts with a credit card or other purchase information when you download, install or use the Software during this 30-day evaluation period; it is required only when you decide to purchase the software license, at which time the purchase price for the license becomes non-refundable. You agree that if you do not utilize this evaluation period-that is provided at no charge -- you voluntarily discharge JavaParts from the obligation to provide such an evaluation period. No exceptions can be made to this policy.
YOU AGREE THAT JAVAPARTS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. JAVAPARTS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. JAVAPARTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
You assume the entire risk of using the Software. JavaParts's and its suppliers' entire liability and your exclusive remedy shall be, at JavaParts's option, either (a) return of the price, if any, or (b) repair or replacement of the software product which is found defective and which is returned to JavaParts with a copy of your receipt within 30 days after the date of installation. This warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
IN NO EVENT SHALL JAVAPARTS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE JAVAPARTS SOFTWARE, EVEN IF JAVAPARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE JAVAPARTS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.