You have a non-exclusive license to install, and use the Software according to the terms presented here. You own the media on which the Software exists. You do not, however, have any interest in or ownership of the Software itself. All ownership of it, interest in it, and rights regarding it remain with the author of the software..
The Software contains proprietary trade secrets belonging to the author of the Software. Therefore the Software may not be reverse engineered, or modified for the purpose of creating a new and separate product. In no event will the Software or a Software modification made by the author of the Software or *any* developer be governed by a contract or agreement if that contract or agreement would deprive the author of the Software or *any* developer of a Software modification full ownership of their respective works. As a user of the Software you may make modifications to the Software provided those modifications do not violate the statements above. You further agree to hold harmless the author of the Software or *any* developer of a Software modification on any theory of liability whatsoever. If you do not agree with the statements above do not modify this software.
Disclaimer of Warranty
THIS APPLICATION SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, BY DOWNLOADING OR USING YOU ACKNOWLEDGE THAT WE HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTEES HEREUNDER OR IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE QUALITY OR FUNCTIONALITY OF THE SOFTWARE OR THAT THE SOFTWARE WILL BE ACCESSIBLE ON A CONTINUOUS BASIS OR THAT SUCH ACCESSIBILITY WILL NOT BE LIMITED OR INTERRUPTED FROM TIME TO TIME. WE DISCLAIM ANY SUCH REPRESENTATIONS, WARRANTEES, OR COVENANTS INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT.
By downloading or using you shall indemnify and hold Us and Our respective employees, agents, shareholders, officers, directors and successors and assigns harmless from and against, and shall defend them from, any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) (collectively, "Damages") arising from the use or inabilty to use the Software.
In no event will the author of the software be liable to you for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Software, even if the author of the software has been advised of the possibility of such damages.
Violation of any provision of this agreement requires that you destroy all copies of the Software and its related documentation immediately. You further agree to pay all attorneys' fees and costs and settlement costs (collectively, "Damages") arising from any action, violation or enforcement of this agreement in any form.
Because some countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
In cases where the above limitations do not apply by law the author of the software liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of U.S. $1.00. This warranty shall be void if the Software has been tampered with, modified, improperly used, or used on hardware other than that on which it is intended to run.
This license is effective until terminated. You may terminate it by destroying all copies of the Software and its related documentation. The author of the software reserves the right to change the terms of this license at any time without notice.
If any provision of this license agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this license agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Right
The failure of the author to enforce any provision of this license agreement shall not be construed as a waiver or limitation of the author's right to subsequently enforce and compel strict compliance with every provision of this license agreement.
This license agreement shall be governed by the laws of the United States of America
by downloading, installing or using the Software you agree to be bound by the terms of this license.