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License Agreement
Hailstone Software ("Hailstone") has created ImageGrinder, a batch image conversion program ("Software"). Software is licensed for installation on one computer ("Host"). This document binds Hailstone and the person who uses Software ("User"). 1. Copyright. This Software is the property of Hailstone. As copyrighted material, it is protected by international copyright laws and treaties, and international trade provisions. This Software is licensed, not sold, to User by Hailstone for access only under the terms of this License, and Hailstone reserves any rights not expressly granted to User. The rights and obligations of User under this License are set forth below. If User violates such obligations, this License and the right of User to access the Software terminate immediately and such violation will make available to Hailstone other legal remedies. 2. License Grant. Under this License, Hailstone grants User the nonexclusive, nontransferable right only to access the Software on Host. 3. Restrictions. User may not, and User may not authorize anyone else to:
The Software contains trade secrets in its human perceivable form and, to protect them, User may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. 4. Termination. This License is effective until terminated. This License will terminate immediately without notice from Hailstone or judicial resolution if User or Host fail to comply with any provision of their respective License. Upon such termination User must discontinue all access to the Software and all accompanying documentation, and User may terminate this License at any time by doing so. Sections 5, 6 and 7 will survive any termination. 5. Disclaimer of Warranties. USER ACKNOWLEDGES THAT THE SOFTWARE MAY NOT SATISFY ALL REQUIREMENTS OF USER OR BE FREE FROM DEFECTS. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH USER. HAILSTONE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE REQUIREMENTS OF USER OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 6. Limitation of Remedies and Damages. In no event shall Hailstone or any supplier or any person involved in the creation, production, or distribution of the Software be liable to User on account of any claim for any direct, indirect, consequential, incidental or special damages whatsoever (including, without limitation, damages for loss of goodwill, loss of business profits, business interruption, loss of data or data being rendered inaccurate, failure of Software to operate with any other programs, and the like), whether foreseeable or unforeseeable, arising out of the use, inability to use, quality, or performance of the Hailstone Software and accompanying documentation, regardless of the basis of the claim and even if Hailstone, or an authorized representative of Hailstone, has been advised of the possibility of such damage. 7. General. All updates or new versions of the Software which may be made by Hailstone and accessed by User shall also be governed by this License. This License will be construed, interpreted, and governed by the laws of United States. 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 shall continue in full force and effect. Headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. Copyright NoticeThe ImageGrinder program, documentation, product design, and design concepts are copyrighted, with all rights reserved to Hailstone Software. The rights of User are subject to the limitations and restrictions imposed by international and United States copyright laws. Please note that User may not use, copy, modify, or transfer the software or documentation or any copy, except as expressly provided in this license agreement. By using this software, User agrees that User has read the above license agreement, that User is bound by its terms, and that it is the only agreement between User and Hailstone regarding the program and documentation. The above is not an inclusive statement of the restrictions imposed on User under Copyright Law. |
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help@hailstonesoftware.com Updated: 01/17/2001 |