Updater-G Studio End user license agreement
FREE USE LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY
TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF Updater-G SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION
IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the Updater-G software package ("Updater-G ") with which this Agreement is
included by the Association for Shareware Professionals ("Jim Black").
Different license terms may apply to other software packages or other
materials from Jim Black,and license terms for later versions of Updater-G may
also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received Updater-G in the form of an original Updater-G distribution package
as distributed by Jim Black, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for Updater-G are available from Jim Black and Jim Black-authorized Updater-G
distributors. Copies of Updater-G not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use Updater-G free of charge.
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of Updater-G to others, as
long as it is deemed current by Jim Black.
"Proper use" of Updater-G is use of the Updater-G program fully in
accordance with Jim Black guidelines, as such guidelines may be changed,
clarified or corrected by Jim Black from time to time. If you have any
questions as to proper use of this Updater-G program, or other guidelines
regarding use of the terms "Updater-G " you may contact Jim Black via the contact information included
in this Original Distribution Package.
(c) You may not:
· permit others to use this Updater-G program unless they are properly
licensed by Jim Black, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this Updater-G program.
· copy Updater-G except as described above.
· sell or license copies of Updater-G to others.
· remove any proprietary notices or labels on Updater-G or any other Jim Black
· use Updater-G in or for High Risk Activities (defined below)
(d) All rights not expressly granted by Jim Black in this Agreement are
entirely and exclusively reserved to Jim Black.
4. DISCLAIMER OF WARRANTY. Jim Black DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST Updater-G BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING Updater-G AND DISTRIBUTING FILES CREATED THROUGH
USE OF Updater-G AND THAT IF YOU USE Updater-G IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF Updater-G
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL Jim Black, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF Updater-G, FILES
CREATED USING Updater-G, OR YOUR RELATIONSHIP WITH Jim Black. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
6. TITLE. Jim Black or its licensors own the Updater-G software, all other
materials in this Updater-G Original Distribution Package,
and the names and marks "Updater-G ", "Jim Black", and
"G-Force", under the copyright, trademark, and trade
secret laws and all other laws that may apply.
7. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
Updater-G software and all other materials in this Updater-G Original
Distribution Package and, at Jim Black`s sole discretion, any or all of the
files created by you using Updater-G and distributed to others.
8. HIGH RISK ACTIVITIES. Updater-G is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of Updater-G
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Jim Black and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
9. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and Jim Black. Waiver by Jim Black of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to Updater-G or to
this Agreement shall be governed by the laws of the United States and
the laws of the State of Washington, without regard to U.S. or
Washington choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to Jim Black or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by Jim Black herein.