IMPORTANT - READ CAREFULLY This License Agreement and Limited Warranty (herein referred to as "Agreement") is a legal agreement between you (the user, either an individual or a single entity) and Alinco, Inc. (herein referred to as "Alinco") for the free Alinco software products, which include computer software and accompanying materials (herein referred to as "Software Product"). By installing or otherwise using the Software Products you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly destroy all copies of the Software Products in your possession. 1) You only have the right to use this free Software Products, on any computers under your control, and are acquiring no rights to the software itself except the Limited License granted herein. You may make backup copies of the Software Products as needed during the course of your use of the Software Products. 2) All title and copyrights to the Software Products (including but not limited to, any images, animations, audio, video, and text incorporated into the Software Products), the accompanying materials, and any copies of the Software Products are owned by Alinco or its suppliers. The Software Products are protected by copyright laws and international treaty. Therefore, you may install the Software Products on any computers under your control, but, you may not alter, remove, or destroy any copyright notice or proprietary marking placed within the Software Products. 3) You may not rent or lease the Software Products. You shall not cause or permit the reverse engineering, alteration, disassembly, or decompilation of the Software Product, or take any action inconsistent with Alinco's or its suppliers' ownership of the Software Products. Without prejudice to any other rights, Alinco may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such an event, you must destroy all copies of the Software Products in your possession. You may not use the name, logo, or trademark of Alinco or the Software Products without written permission from Alinco. 4) This free Software Product is provided "AS IS" without warranty of any kind. Alinco does not guarantee results or warrant that the Software Products will be error-free. Alinco may choose, at its discretion, to release updates to the Software Products from time to time. 5) In no event shall Alinco be liable for costs of substitute products, loss of profits, data, or, use of the software product, or special, incidental, or consequential damages or other similar claims, however caused, and on any theory of liability, even if Alinco has been specifically advised of the possibility of such damages. In no event shall Alinco have any liability for any damages to you or any other person regardless of the form of the claim. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. All third party suppliers to Alinco of any portion of the Software Products make no warranty and shall have no liability to you. 6) Alinco makes no warranty other than the Limited License warranty provided in this agreement to you. You will indemnify Alinco against any claims or liabilities arising out of its use. You may not include the Software Products in any other product offerings. You may not use the Software Product to create another product that is competitive with Alinco product offerings. If you wish to distribute copies of the Software Products, you must obtain written permission from Alinco. The Software Products contains software components from Alinco suppliers. This Agreement does not grant you the rights to distribute software components from these suppliers unless you have proper authorization from the appropriate supplier. 7) This document constitutes the entire agreement of the parties regarding the subject matter herein. All rights not expressly granted to you are retained by Alinco. The failure of Alinco to enforce any right or claim against you shall not be deemed a waiver of such right or claim or any other right or claim hereunder. No modification to this Agreement shall have effect unless in writing and signed by the authorized representatives of each of the parties. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. (end of document) |