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October 24, 2008 14:55
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Tildeslash End User License Agreement | |
This end user license agreement ("Agreement") is made between | |
Tildeslash Ltd, a company registered in Norway with the | |
organization number 991506020 ("Tildeslash") and the end user | |
("You"). | |
This license applies to the M/Monit Software ("the Software") and | |
any other machine-readable materials including, but not limited | |
to, libraries, source files, header files, data files and | |
documentation provided by Tildeslash under this Agreement. | |
You agree to and accept the terms and conditions of this | |
Agreement by installing and using the Software. | |
1. GRANTED RIGHTS | |
Tildeslash hereby grants You a non-exclusive, non-transferable, | |
limited license (the "License") to use this Software product on | |
one and only on one Machine provided You agree to and comply with | |
any and all conditions in this license. | |
2. RESTRICTIONS | |
You must not | |
a. Translate, modify, adapt or create derivative works | |
from the Software. | |
b. Modify, reverse engineer, disassemble or decompile | |
binary of the Software, or otherwise attempt to | |
derive the code from such portions, save as | |
prescribed by mandatory law. | |
c. Sell, rent, lease, distribute or sub-license the | |
Software in whole or in part to any third party. | |
3. LIMITATIONS OF LIABILITY | |
In no event shall Tildeslash be liable for any damages | |
whatsoever, including - but not restricted to - lost revenue or | |
profits or other direct, indirect, special, incidental or | |
consequential damages, even if they have been advised of the | |
possibility of such damages, except to the extent invariable law, | |
if any, provides otherwise. | |
4. WARRANTIES | |
The Software is provided AS IS with NO WARRANTY OF ANY KIND, | |
INCLUDING THE WARRANTY OF DESIGN, INTEROPERABILITY, | |
FUNCTIONALITY, and MERCHANTABILITY AND FITNESS FOR A PARTICULAR | |
PURPOSE OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY AND | |
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE | |
DEFECTIVE YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR | |
OR CORRECTION. | |
5. TERMINATION | |
This Agreement is effective until terminated. You may terminate | |
this Agreement at any time by destroying all copies of the | |
Software. | |
This Agreement will terminate immediately without notice from | |
Tildeslash if You fail to comply with any provision of this | |
Agreement or if the Software is violating or is alleged to | |
violate third party rights. | |
In other cases Tildeslash reserves the right to terminate this | |
Agreement with reasonable notice. | |
If this license is terminated for any reason by either party: (1) | |
You are not entitled to a refund of the license fees paid; and | |
(2) You must destroy all copies of the Software. | |
6. OWNERSHIP | |
Tildeslash owns or has licensed the rights to use and re-license | |
the Software and Documentation as set out in this Agreement. You | |
will not become the owner of any part of the Software or | |
Documentation or any copies thereof. | |
7. CHOICE OF LAW | |
This license is governed by the Laws of Norway. Disputes shall be | |
settled by Oslo City Court. | |
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