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COPYRIGHT NOTICE AND
TRIAL SOFTWARE LICENSE
Please read this license carefully before
using this Trial Software. By using this Trial Software, you
agree to become bound by the terms of this license. If you
do not agree to the terms of this license, decline use of
this Trial Software.
You are interested in receiving from
David Glenn Rinehart the David Glenn Rinehart Trial Software
("Trial Software") and you agree to use the Trial Software
solely in accordance with the terms of this
License.
Please be aware that this Trial Software
may be programmed to cease functioning on a certain
date.
- License Grant. This Trial Software is
licensed, not sold, to you by David Glenn Rinehart for
use only under the terms of this License, and David Glenn
Rinehart reserves any rights not expressly granted to
you. Subject to all the terms and conditions of this
License, David Glenn Rinehart grants you a nonexclusive,
nontransferable license to use the Trial Software on a
single computer. To "use" the Trial Software means that
the Trial Software is either loaded in the temporary
memory (i.e. RAM) of a computer or installed on the
temporary "cache" memory of a computer (i.e., hard disk,
RAM disk, etc.). You must never alter or delete any
copyright or other proprietary notices that were on the
original copy supplied by David Glenn Rinehart.
- Restrictions. The Trial Software
contains trade secrets in its human perceivable form and,
to protect them, you may not reverse engineer, decompile,
disassemble or otherwise reduce the Trial Software to any
human perceivable form. you many not modify, adapt,
translate, rent, lease, loan, resell for profit or create
derivative works based upon the Trial Software or any
part thereof.
- Termination. This License is
effective until terminated. This License will terminate
immediately without notice from David Glenn Rinehart or
judicial resolution if you fail to comply with any
provision of this License. Upon such termination you must
destroy the Trial Software, any accompanying written
materials and all copies thereof, and Sections 2, 4, 5, 6
and 7 will survive any termination.
- Export Law Assurances. You may not
use or otherwise export or reexport the Trial Software
except as authorized by United States laws and the laws
of the jurisdiction in which the Trial Software was
obtained. In particular, but without limitation, the
Trial Software may not be exported or reexported (i) into
(or to a national or resident of ) any U.S. embargoed
country or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or
the U.S. Department of Commerce's Table of Denial Orders.
By using the Trial Software, you represent and warrant
that you are not located in, under control of, or a
national or resident of any such country or on any such
list.
- Warranty Disclaimer. You acknowledge
that the Trial Software may not satisfy your requirements
or be free from defects. The Trial Software is provided
"as is" without warranty of any kind, and David Glenn
Rinehart expressly disclaims all implied warranties,
including but not limited to the implied warranties of
merchantability and fitness for a particular purpose.
Some jurisdictions do not allow the exclusion of implied
warranties or conditions, so the above exclusion may not
apply to you.
- Limitation of Remedies and Damages.
David Glenn Rinehart will not be liable for any
consequential, incidental, indirect or special damages,
whether arising in tort (including negligence), contract
or otherwise, that stem from any use of or inability to
use the Trial Software or otherwise arising from this
license. David Glenn Rinehart's liability for actual
damages for any cause whatsoever, and regardless of the
form of the action, will be limited to us$50.00. This
limitation will not apply in case of death, personal
injury and loss of, damage to or destruction of tangible
property ordinarily intended for private use or
consumption, only where and to the extent that applicable
law requires such liability. Because some jurisdictions
do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation
may not apply to you.
- General. This License will be
construed under the laws of Ireland. This License will be
construed under the laws of the State of California,
except for that body of law dealing with conflicts of
law. If any provision of this License shall be held by a
court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent
permissible, and the remaining provisions of this License
will remain in full force and effect. If the Trial
Software is supplied to the United States Government, the
Trial Software is classified as "restricted computer
software" as defined in clause 52.227-19 of the FAR. The
United States Government's rights to the Trial Software
are as provided in clause 52.227-19 of the FAR.
- Authorship. David Glenn Rinehart is
the moral and human author of this Trial Software and
claims and retains all moral, immoral and human and
primate-related rights, privileges and copyrights to all
material, ideas, and other content herein and therein
forever and ever, without pause or dalliance.
- And Furthermore. David Glenn Rinehart
expressly disclaims all warranties express or implied
including but not limited to the implied warranties of
merchantability and fitness for a particular purpose and
against infringement. David Glenn Rinehart does not
warrant that the functions contained in the Trial
Software will meet your requirements or that the
operation of the Trial Software will be uninterrupted or
error-free or that defects in the Trial Software will be
corrected. Furthermore David Glenn Rinehart does not
warrant or make any representations regarding the use or
the results of the use of the Trial Software or its
documentation in terms of their correctness accuracy
reliability or otherwise. No oral or written information
or advice given by David Glenn Rinehart or a David Glenn
Rinehart authorized representative or any member of the
Stare cult shall create a warranty or in any way increase
the scope of this warranty. Should the Trial Software
prove defective you (and not David Glenn Rinehart or a
David Glenn Rinehart authorized representative or any
member of the Stare cult) 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. Under no
circumstances including negligence shall David Glenn
Rinehart or a David Glenn Rinehart authorized
representative or any member of the Stare cult or
his/its/their agents be liable for any incidental special
or consequential damages (including damages for loss of
business profits business interruption loss of business
information and the like) arising out of the use or
inability to use the Trial Software or its documentation
even if David Glenn Rinehart or a David Glenn Rinehart
authorized representative or any member of the Stare cult
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.
©2006 David Glenn
Rinehart
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