IMPORTANT: READ THESE TERMS AND CONDITIONS CAREFULLY.
By proceeding from this point and/or by using the Software,
you acknowledge that
you have read this License Agreement, that if necessary you have had it translated,
that you understand it, and that you are bound by its terms and conditions.
If you
do not agree to the terms and conditions of this License Agreement, then do
not
install and/or use this Software. Registration of Databrid is required for use
of the
Software after a reasonable (sixty (60) day) evaluation period.
Terms used in this document:
License Agreement : the document you are reading.
The Software : this software, called 'Databrid'.
Paul Clark : the person responsible for the creation of the Software.
Documentation : Help files and other documentation accompanying the Software.
Registration code : the software code which allows the Software to be used after
the Evaluation period.
Grant of License for Users:
Paul Clark grants you a non-exclusive, non-transferable license to use the Software
and Documentation on one (only) of the following configurations -
(a) one computer, or
(b) one desktop computer and one notebook computer, or
(c) one work computer and one home computer - provided that:
(i) the Software is not modified before, during or after installation;
(ii) all copyright notices are maintained on or with the Software and Documentation;
and
(iii) you agree to be bound by the terms of this License Agreement; and
(iv) in the case of configurations (b) or (c), the Software is used on only
one machine at a time; and
(v) the Software and Documentation are used only by you for your own personal
use.
Ownership:
You have no ownership rights in the Software and Documentation. Rather, you
have a license to use them as long as this License Agreement remains in full
force
and effect. Ownership of the Software, Documentation and all intellectual property
rights therein remains at all times with Paul Clark. Any other use of the Software
and Documentation by any person, business, corporation, government organization
or any other entity is strictly forbidden and is a violation of this License
Agreement.
Copyright:
The Software and Documentation contain material that is protected by
international Copyright Law and trade secret law, and by international treaty
provisions. All rights not granted to you herein are expressly reserved by Paul
Clark.
You may not remove any proprietary notice of Paul Clark from any copy of the
Software or Documentation.
Restrictions:
You may not publish, disclose, rent, lease, loan, add to or modify the Software
or
Documentation, nor may you bundle them or any part of them with other software.
You may not create or distribute derivative works based on the Software or
Documentation. You may not include the Software or Documentation in
collections or compilations of software, whether for profit or not and whether
the
Software is described as shareware (or term with similar meaning) or not, without
the specific and explicit consent of Paul Clark. You may not reverse engineer,
decompile, translate, adapt, or disassemble the Software, nor shall you attempt
to
create the source code from the object code for the Software.
Confidentiality:
You acknowledge that the Software contains proprietary trade secrets of Paul
Clark
and you hereby agree to maintain the confidentiality of the Software using at
least
as great a degree of care as you use to maintain the confidentiality of your
own
most confidential information. You agree to reasonably communicate the terms
and conditions of this License Agreement to those persons who come into contact
with the Software and Documentation, and to use reasonable best efforts to ensure
their compliance with such terms and conditions.
Limited Warranty:
Paul Clark warrants for a period of twenty eight (28) days after registration
of
Databrid that the Software will operate substantially in accordance with the
Documentation. Should the Software not so operate, your exclusive remedy and
Paul Clark's sole obligation under this warranty shall be, at Paul Clark's sole
discretion, correction of the defect or refund of the registration price paid
for the
Software. Any use by you of the Software is at your own risk. This limited warranty
is
the only warranty provided by Paul Clark regarding the Software and
Documentation. Except for the limited warranty above, the Software is provided
"as
is." To the maximum extent permitted by law, Paul Clark disclaims all other
warranties of any kind, either expressed or implied, including, without limitation,
implied warranties of merchantability and fitness for a particular purpose.
Paul
Clark does not warrant that the functions contained in the Software will meet
any
requirements or needs you may have, or that the Software will operate error
free, or
in an uninterrupted fashion, or that any defects or errors in the Software will
be
corrected, or that the Software is compatible with any particular platform.
Because
some jurisdictions do not allow the waiver or exclusion of implied warranties,
some
of the foregoing may not apply to you.
Limitation of Liability:
In no event will Paul Clark be liable to you or any third party for any consequential
or incidental damages (including, without limitation, indirect, special, punitive,
or
exemplary damages for loss of business, loss of profits, business interruption,
or loss
of business or personal information) arising out of the use of or inability
to use the
Software or Documentation, or from the use or handling of any third-party file
which is or appears to be intended for use with or by means of the Software,
or for
any claim by any other party, even if Paul Clark has been advised of the possibility
of such damages. Paul Clark's aggregate liability with respect to its obligations
under this License Agreement or otherwise with respect to the Software and
Documentation or otherwise shall not exceed the amount of the registration fee
paid by you for the Software. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages,
some
of the foregoing may not apply to you.
Termination:
This License Agreement is effective until it is terminated. You may terminate
this
License Agreement at any time by destroying or returning to Paul Clark all copies
of the Software and Documentation in your possession or under your control.
Paul
Clark may terminate this License Agreement for any reason including, but not
limited to, Paul Clark finding that you have violated any of the terms of this
License Agreement. Upon notification of termination, you agree to destroy or
return to Paul Clark all copies of the Software and Documentation in your
possession or under your control, and to certify in writing that all known copies,
including backup copies, of the Software and Documentation have been
destroyed. All provisions relating to confidentiality, proprietary rights, and
non-disclosure shall survive the termination of this License Agreement.
General:
This License Agreement shall be construed, interpreted and governed by the laws
of New Zealand without regard to conflicts of law provisions thereof. The exclusive
forum for any disputes arising out of or relating to this License Agreement
shall be
an appropriate court sitting in New Zealand. This License Agreement shall
constitute the entire agreement between the parties hereto. Any waiver or
modification of this License Agreement shall only be effective if it is in writing
and
signed by both parties hereto. If any part of this License Agreement is found
invalid
or unenforceable by a court of competent jurisdiction, the remainder of this
License Agreement shall be interpreted so as to reasonably effect the intention
of
the parties.