Software Products: wktools3 and accompanying
Licensor: Mathias Spoerr
THIS IS A LEGAL AGREEMENT BETWEEN YOU, AN END USER, AND LICENSOR. BY
DOWNLOADING AND INSTALLING THE FREEWARE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO
NOT INSTALL THIS FREEWARE AND DELETE ANY COPIES OF THE FREEWARE THAT YOU HAVE
THIS FREEWARE IS PROVIDED TO YOU FREE OF
CHARGE FOR NON-COMMERCIAL PURPOSES ONLY. OBTAINING A LICENSE TO THIS FREEWARE
FROM ANY PARTY OTHER THAN LICENSOR AND/OR PAYING A FEE FOR SUCH LICENSE IS
STRICTLY FORBIDDEN. IF YOU ARE AWARE OF ANY UNAUTHORIZED THIRD PARTY
DISTRIBUTING THIS FREEWARE AND/OR CHARGING A FEE FOR THIS FREEWARE, PLEASE
REPORT SUCH VIOLATIONS TO YOUR CONSUMER PROTECTION AUTHORITIES.
DISTRIBUTION ON INTERNET AND CD-ROM
1.The Licensor grants you the right
to make this freeware available on an internet site for the purpose of
downloading, as long as NO FEE IS CHARGED for said download.
The Licensor grants you the royalty-free right to reproduce and distribute this
freeware as part of a CD-ROM to be enclosed with the print issue of any
magazine, book or printed publication, as long as said CD-ROM and printed
publication contain material that would have been distributed regardless of the
inclusion of this freeware, and NO EXTRA FEE IS CHARGED for inclusion of this
USING THIS FREEWARE MIGHT BE ILLEGAL IN
Please check with your legal advisor, and
if this is the case in your country, you are NOT licensed to use this freeware.
LICENSE TERMS AND CONDITIONS
I. Grant of license
This Agreement permits you to use one copy of the Freeware acquired with this
license on any single computer ("License") for non-commercial purposes only,
provided the Freeware is in use on only one computer at any given time. The
Freeware is "in use" on a computer when it is loaded into the temporary memory
or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage
device) of that computer, except that a copy installed on a network server for
the sole purpose of distribution to other computers is not considered "in use".
The Freeware is owned by Licensor and is
protected by copyright laws, international treaty provisions, and other national
laws. You agree that you have no right, title or interest in the Freeware,
except as set forth in Subsection I.
III. Other restrictions
You may not rent, lease, sell or transfer the Freeware to any third party. You
may not reverse engineer, decompile or disassemble the Freeware.
YOU ACKNOWLEDGE THAT YOU HAVE LICENSED THIS
FREEWARE FREE OF CHARGE AND THAT LICENSOR MAKES NO WARRANTIES TO YOU IN
CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND
LEGALITY IN YOUR COUNTRY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
LICENSOR FROM ANY AND ALL CLAIMS OF INFRINGEMENT (INCLUDING THOSE MADE BY THIRD
PARTIES) RESULTING IN WHOLE OR IN PART FROM YOUR USE OF THE FREEWARE.
No liability for consequential damages
In no event shall Licensor be liable
for any damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or other
pecuniary loss) arising out of the use of or inability to use the Freeware, even
if Licensor has been advised of the possibility of such damages.
VI. Governing Law
This Agreement shall be governed by and
interpreted in accordance with the laws of Austria. If any dispute shall arise
pursuant to any provision of this Agreement, said dispute shall be settled by
binding arbitration in accordance with the rules and regulations of the courts,
located in Austria. If any term or provision of this Agreement shall be declared
invalid in arbitration or by a court of competent jurisdiction, such invalidity
shall be limited solely to the specific term or provision invalidated, and the
remainder of this Agreement shall remain in full force and effect, according to
its terms. Any provision declared invalid shall be modified to the fullest
extent possible to reflect the parties intent as of the Effective Date.
Copyright © 2003-2007 Mathias Spoerr. All rights reserved.