||Thursday, December 13, 2018
Loop Recorder Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE "PROGRAM", YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, GERALD AND THOMAS RIECHMANN ("AUTHOR") ARE UNWILLING TO LICENSE THE PROGRAM TO YOU. IN THIS EVENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE IN ANY MANNER.
- License. Author grants you a limited, non-exclusive, non-transferable License to (a) use the Program on a single PC only, and (b) make only such copies of the software portion of the Program as necessary to enable your use of the Program on a single PC, provided any such software copies must include Author's copyright notice. Author retains ownership of the Program and all copyright and other proprietary rights therein. All rights not expressly granted to you in this License are reserved.
- Permitted Uses and Restrictions. YOU MAY NOT: (a) Rent, lease, lend, loan, distribute, sublicense or otherwise transfer the Program in whole or in part to any other party; (b) Make any copies of the documentation portion of the Program; (c) Modify, translate, decompile, disassemble, reverse-engineer or otherwise reduce the Program to a human-perceivable form; or (d) Remove or obscure any copyright or trademark notices, (e) transmit the Program from one unit to another electronically or by a network. Any upgrade or enhancement of the Program subsequently supplied by Author may be used only upon the destruction of the prior version. The older version cannot be sold or transferred to any other third party. Unless otherwise specified in writing by Author, all upgrades and enhancements, if any, supplied to you shall be governed by this License. This License and the License granted hereunter will terminate automatically and without notice if you breach any terms of this License, and you agree upon any such termination to not use the Software.
- Limited Warranties. You expressly acknowledge and agree that use of the Program is at your sole risk. The Program and related documentation are provided "AS IS" and without warranty of any kind and Author EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED. FURTHERMORE, AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF Author) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION IF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AUTHOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE PROGRAM OR RELATED DOCUMENTATION, EVEN IF AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF AUTHOR 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 AUTHOR 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 PROGRAM.
- Allocation of Risk. You acknowledge and agree that this License allocates risk between you and Author as authorized by the Uniform Commercial Code and other applicable law, and that the pricing of Author products reflects this allocation of risk and the limitations of liability contained in this License. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in this License shall remain in effect. 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.
- State Law Rights. This License gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or of liability or consequential damages, so some of the above may not apply to you.
- General. This License constitutes the entire License between the parties with respect to the use of the Program or related documentation and supersedes all prior or conterporaneous understandings or Licenses, 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 Author.
© 2018 Thomas Riechmann, Gerald Riechmann, all rights reserved.