NETWORK TOOLS - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE
SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR
ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS
CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
EffTex grants you a license to use one copy of the
version of this SOFTWARE on any one hardware product for as many licenses as
you purchase. "You" means the company, entity or individual whose funds are
used to pay the license fee. "Use" means storing, loading, installing,
executing or displaying the SOFTWARE. You may not modify the SOFTWARE or
disable any licensing or control features of the SOFTWARE except as an intended
part of the SOFTWARE's programming features. When you first obtain a copy of
the SOFTWARE, you are granted an evaluation period of not more than 30 days,
after which time you must pay for the SOFTWARE according to the terms and
prices discussed in the SOFTWARE's documentation, or you must remove the
SOFTWARE from your computer. This license is not transferable to any other
hardware product or other company, entity, or individual.
The SOFTWARE is owned and copyrighted by EffTex. Your
license confers no title or ownership in the SOFTWARE and should not be
construed as a sale of any right in the SOFTWARE.
The SOFTWARE is protected by United States copyright law and
international treaty provisions. You acknowledge that no title to the
intellectual property in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the SOFTWARE will remain
the exclusive property of EffTex and you will not acquire any rights
to the SOFTWARE except as expressly set forth in this license. You agree that
any copies of the SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
You agree that you will not attempt to reverse compile,
modify, translate, or disassemble the SOFTWARE in whole or in part.
You may not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as
provided in this agreement. Any such unauthorized use shall result in immediate
and automatic termination of this license.
In no case may this product be bundled with hardware or other non-
shareware software without written permission from EffTex.
All distribution of SOFTWARE is further restricted with regard to sources which
also distribute virus source code and related virus construction/creation
materials. The SOFTWARE may not be made available on any site, CD-ROM, or with
any package which makes available or contains viruses, virus source code, virus
construction programs, or virus creation material.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable,
or franchisable. Each entity wishing to distribute the package must
independently satisfy the terms of the distribution license.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. ApplyIt!
Software DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EffTex
NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY
OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF
EffTex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO
YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO
In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of the
remaining portions of this license.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL EffTex OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF
THE SOFTWARE, EVEN IF EffTex HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL EffTex LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE
FEE PAID BY YOU, IF ANY.
This agreement will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
This is the entire agreement between you and EffTex
which supersedes any prior agreement or understanding, whether written or oral,
relating to the subject matter of this license.
All rights not expressly granted here are reserved to