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NT WRAPPER GENERAL END USER LICENSE AGREEMENT
REVISION 1.0 - JANUARY 2004 You should carefully read this General License Agreement ("Agreement") prior to using, installing, copying or duplicating this software product named NT Wrapper. ("Software"). By downloading or copying or installing or using the Software you implicitly agree to all terms and conditions as set out within this Agreement and terms of use set out below. This Agreement applies to ALL versions of NT Wrapper. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AUTHOR Arno Garrels DuoData(R) Software Libauer Str. 12 D-10245 Berlin Germany EMail: info@duodata.de All correspondence regarding this Agreement should be directed to the address above. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COPYRIGHT Copyright (c) 2002-2004 Arno Garrels , DuoData(R) Software All rights reserved. This Software product is a copyrighted work and is protected by German and international copyright laws and treaties. This Software product is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of the Author. Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of the Author as sole and exclusive owner of the Software. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WARRANTY DISCLAIMER THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you (and not the AUTHOR or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair. The AUTHOR does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by the AUTHOR or by a representative of the AUTHOR shall create a warranty or increase the scope of this warranty. The AUTHOR DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - INDEMNITY AND SPECIAL CONDITIONS Under no circumstances does the Author authorize you to use the Software in applications or systems requiring fail-safe performance, in which the failure of the Software or the computer could lead directly or indirectly to death, personal injury, or severe physical, financial or environmental damage. The AUTHOR and its suppliers specifically disclaim any express or implied warranty of fitness for such unauthorized use. IN NO EVENT WILL The AUTHOR OR HIS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. You agree that the AUTHOR and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software. In no event will the Authors's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for this product. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GENERAL TERMS OF USE You cannot sell or market or re brand or re badge the Software and then attempt claim it as your own. You cannot ask for or attempt to claim any distribution fees or donations from any commercial or non- commercial entity by supplying them with any form of the Software that can be legally freely redistributed. The Software cannot be used for any purpose, related or otherwise that involves any illegal or unauthorized attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity. The Software in all forms cannot be included as part of a saleable or commercial product distribution from which fees or royalties of any kind are derived without prior written consent from the Author. Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC TERMS OF USE AND REDISTRIBUTION The Software is supplied in two forms: Free Personal and Commercial NT Wrapper Lite is Free Personal. NT Wrapper Pro is Commercial. For the purposes of this license a non-commercial entity is defined as any individual, educational institution, charity or humanitarian organization. For the purposes of this license a commercial entity is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities. Free Personal Software may be used free of charge by any non- commercial entity. It may be redistributed without restriction providing all conditions contained within this license are met. Commercial entities may only use this Software in order to review and appraise its functionality with a view to registering the Commercial Software in the future. This review and appraisal is limited to 30-days from date of initial download. After this time the Commercial entity must uninstall and remove the Free Personal Software located on its entire computer systems owned, leased or otherwise. Commercial Software may only be used after the appropriate registration fees have been paid for in full by any commercial or non-commercial entity. Commercial Software cannot be redistributed. The commercial or non-commercial entity must be in possession of a license for each and every workstation or server on which the Commercial Software is installed. The Commercial Software can only be installed on workstations or servers owned or leased or operated by or on behalf of the licensee. The Software is licensed by "pack". The number of licenses allocated in each pack determines the maximum number of workstations or servers on which the Commercial Software can be installed. For example, the purchase of a 5-pack license entitles you to install the Software on up to 5 workstations or servers. Should you inadvertently or otherwise install the Commercial Software on a workstation or server for which you do not have a license then you must either uninstall it or purchase one or more license packs to make up the shortfall. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TRANSFER A license can be transferred from the original licensee to a third party by advising the Author of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TERMINATION If you fail to comply with any of the provisions contained herein, The Author shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. The Author shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Software. |
NT Wrapper v1.06 - May 13, 2005
Copyright © 2002- 2005 P.Pohman
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