n-Abled Solutions, Software License Agreement

 

Copyright 1997, n-Abled Solutions

 

PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING THE SOFTWARE.  BY DOWNLOADING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD THIS SOFTWARE.

 

1. License.  The demonstration software accompanying this License, whether on disk, in read only memory, or on any other media (the "n-Abled Solutions Software"), and the related documentation are licensed to you by n-Abled Solutions.  You own the disk on which the n-Abled Solutions Software is recorded but n-Abled Solutions and/or n-Abled SolutionsU Licensor(s) retain title to the n-Abled Solutions Software and related documentation.  This License allows you to use the n-Abled Solutions Software.  

 

2. Restrictions.  The n-Abled Solutions Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the n-Abled Solutions Software to a human-perceivable form.  You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the n-Abled Solutions Software in whole or in part.  You may not electronically transmit the n-Abled Solutions Software from one computer to another or over a network.

 

3. Termination.  This License is effective until terminated.  You may terminate this License at any time by destroying the n-Abled Solutions Software, related documentation and all copies thereof.  This License will terminate immediately without notice from n-Abled Solutions if you fail to comply with any provision of this License.  Upon termination you must destroy the n-Abled Solutions Software, related documentation and all copies thereof.

 

4. Export Law Assurances.  You agree and certify that neither the n-Abled Solutions Software nor any other technical data received from n-Abled Solutions, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.  If the n-Abled Solutions Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the n-Abled Solutions Software nor any other technical data received from n-Abled Solutions, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the n-Abled Solutions Software.

 

5. Disclaimer of Warranty on n-Abled Solutions Software.  You expressly acknowledge and agree that use of the n-Abled Solutions Software is at your sole risk.  The n-Abled Solutions Software, and related documentation are provided AS IS FOR EVALUATION PURPOSES ONLY and without warranty of any kind and n-Abled Solutions and n-Abled SolutionsU Licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  n-ABLED SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE n-ABLED SOLUTIONS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE n-ABLED SOLUTIONS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE n-ABLED SOLUTIONS SOFTWARE WILL BE CORRECTED.  FURTHERMORE, n-ABLED SOLUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE N-ABLED SOLUTIONS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY n-ABLED SOLUTIONS OR AN n-ABLED SOLUTIONS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE n-ABLED SOLUTIONS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT n-ABLED SOLUTIONS OR AN n-ABLED SOLUTIONS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

6. Limitation of Liability.  UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL n-ABLED SOLUTIONS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE n-ABLED SOLUTIONS SOFTWARE OR RELATED DOCUMENTATION, EVEN IF n-ABLED SOLUTIONS OR AN n-ABLED SOLUTIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  In no event shall n-Abled SolutionsU total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the n-Abled Solutions Software.

 

7 Controlling Law and Severability.  This License shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, as applied to agreements entered into.  If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

 

8. Complete Agreement.  This License constitutes the entire agreement between the parties with respect to the use of the n-Abled Solutions Software, and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of n-Abled Solutions.