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PATools End User License Agreement (EULA) PATOOLS SOFTWARE END-USER
LICENSE AGREEMENT (Version 3, 1 Jan 2006)
Copyright© 2006 PATools. International copyright. All Rights Reserved
IMPORTANT - READ CAREFULLY: This PATools End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity) and
PATOOLS for PATOOLS SOFTWARE, which includes any associated SOFTWARE components,
any media, and any "online" or electronic documentation
("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE,
you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not install or use the SOFTWARE, and return the whole
package to the location where you obtained it within 30 days from purchase.
1. The SOFTWARE is licensed for use, not sold. There is therefore no transfer of
any rights of ownership.
2. GRANT OF LICENSE.
(a) Licensed Copy. After you have purchased the license for this SOFTWARE you
are licensed to copy the SOFTWARE only into the memory of the number of
computers corresponding to the number of licenses purchased. The primary user of
the computer on which each licensed copy of the SOFTWARE is installed may make a
second copy for his or her exclusive use on a portable computer. Under no other
circumstances may the SOFTWARE be operated at the same time on more than the
number of computers for which you have paid a separate license fee. You may not
duplicate the SOFTWARE in whole or in part, except that you may make one copy of
the SOFTWARE for backup or archival purposes. You may terminate this license at
any time by destroying the original and all copies of the SOFTWARE in whatever
form. You may not transfer any of your rights under this EULA. Any purchased
license for using this SOFTWARE will cease immediately upon the termination of
any period of validity stated upon purchase of such license, and any further use
will be subject to Evaluation Copy terms.
(b) Evaluation Copy. You may use the demonstration SOFTWARE from the day that
you install the SOFTWARE without charge on an evaluation basis until any date of
expiry of the SOFTWARE published within the SOFTWARE and with the SOFTWARE at
the time of receipt, and subject to any evaluation
restrictions in the performance of the SOFTWARE. If you continue to use the
SOFTWARE after any date of expiry of the SOFTWARE without paying the license fee
you will be using the SOFTWARE on an unlicensed basis.
(c) Redistribution of Evaluation Copy. If you are using SOFTWARE on an
evaluation basis you may make copies of the evaluation SOFTWARE as you wish;
give exact copies of the original evaluation SOFTWARE to anyone; and distribute
the evaluation SOFTWARE in its unmodified form via electronic means (Internet,
BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any
fee for the copy or use of the evaluation SOFTWARE itself, but you may charge a
distribution fee that is reasonably related to any cost you incur distributing
the evaluation SOFTWARE (e.g. packaging). You must not represent in any way that
you are selling the SOFTWARE itself. Your distribution of the evaluation
SOFTWARE will not entitle you to any compensation from PATools. You must
distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom
you distribute the SOFTWARE is subject to this EULA.
3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the
SOFTWARE, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. You may not rent,
lease, or lend the SOFTWARE. You may permanently transfer all of your rights
under this EULA, provided the recipient agrees to the terms of this EULA. You
may not use the SOFTWARE to perform any unauthorized transfer of information
(e.g. transfer of files in violation of a copyright) or for any illegal purpose.
4. SUPPORT SERVICES. PATools may provide you with support services related to
the SOFTWARE. Use of Support Services is governed by the PATools polices and
programs described in online documentation, and/or other PATools-provided
materials, as they may be modified from time to time. Any supplemental SOFTWARE
code provided to you as part of the Support Services shall be considered part of
the SOFTWARE and subject to the terms and conditions of this EULA. With respect
to technical information you provide to PATools as part of the Support Services,
PATools may use such information for its business purposes, including for
product support and development. PATools will not utilize such technical
information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, PATools may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the SOFTWARE.
6. COPYRIGHT. The SOFTWARE is protected by United Kingdom and International
copyright law and international treaty provisions. You acknowledge that no title
to the intellectual property in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the SOFTWARE will remain the
exclusive property of PATools and you will not acquire any rights to the
SOFTWARE except as expressly set forth in this license. You agree that any
copies of the SOFTWARE will contain the same proprietary notices which appear on
and in the SOFTWARE.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
SOFTWARE to any country, person, entity, or end user subject to United Kingdom
export restrictions. You warrant and represent that the United Kingdom
authorities have not suspended, revoked or denied your export privileges.
8. NO WARRANTIES. PATools expressly disclaims any warranty for the SOFTWARE
including any programming errors which have not been corrected after testing.
THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE REMAINS WITH YOU. NO WARRANTY FOR UPGRADES, PATCHES, FIXES, NEW OR
REVISED VERSIONS IS OFFERED, although PATools may offer FREE OF CHARGE upgrades
or revised versions of the SOFTWARE from time to time or upon request entirely
at the discretion of PATools.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL PATOOLS OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, USE OR MISUSE OF THE SOFTWARE,
EVEN IF PATOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
EVENT, PATOOLS' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER
THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF GBP1.00 OR THE LICENSE FEE
PAID BY YOU. In addition this SOFTWARE must be thoroughly tested by the user
with non-critical data before relying on it, and the user should be fully
conversant with the program or SOFTWARE and the result of using it. In
particular a BACKUP of all critical, important or in any way valuable data
should be made BEFORE and retained separately AFTER using any program or
SOFTWARE which may in any way interfere with, damage, delete or in any other way
change or modify the data. The user must assume the entire risk of using the
program or SOFTWARE.
10. NATIONAL GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by a Government may be
subject to restrictions as set forth by that Government. Manufacturer is
PATools, Alton Lane, Four Marks, Alton, GU34 5AL, UK.
11. APPLICABLE LAW. This EULA is governed by the laws of England, UK.
Should you have any questions regarding this EULA please contact PATools
by mail at Alton Lane, Four Marks, Alton, GU34 5AL, UK, or by visiting
http://ukww.net/patools
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