License Agreement for Evaluation of CBB TextPrinter
1. GENERAL TERMS
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE
TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF
ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT
THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO
THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
- PROMPTLY RETURN THE PROGRAM TO THE PARTY FROM WHOM YOU ACQUIRED IT. IF YOU
DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
Arik Yavilevich ("Licensor") is the Copyright owner of CBB TextPrinter.
"CBB TextPrinter" (herein, the "Program") is the following, including the original
and all whole or partial copies: 1) machine-readable instructions and data, 2)
components, 3) audio-visual content (such as images, text, recordings, or
pictures), 4) related licensed materials, and 5) license use documents or keys,
"You" ("Licensee") and "Your" refer either to an individual person or to a
single legal entity.
"License Information" ("LI") is a document that provides information specific to
a Program. The Program's LI is available in a file in the Program's directory,
by the use of a system command, or as a booklet which accompanies the Program.
The Program is owned by Licensor, and is copyrighted and licensed, not sold.
Licensor grants You a nonexclusive, non-transferable, personal and worldwide
license to use the evaluation version of the Program in the development of a
single application (herein, the "Licensee Program").
You may 1) use the Program only for internal evaluation, testing, or
demonstration purposes, on a trial or "try-and-buy" basis; and 2) make and
install a reasonable number of copies, including a backup copy, of the Program
to support such use. The terms of this license apply to each copy You make. You
will reproduce all copyright notices and all other legends of ownership on each
copy, or partial copy, of the Program.
THE PROGRAM MAY CONTAIN A DEVICE THAT WILL MAKE IT WORK DIFFERENTLY DURING THE
EVALUATION PERIOD, SO TO ENCOURAGE YOU TO ACQUIRE IT. YOU WILL NOT TAMPER WITH
THIS DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF
DATA THAT MIGHT RESULT OF THE DIFFERENT BEHAVIOR.
You will 1) maintain a record of all copies of the Program and 2) ensure that
anyone who uses the Program (accessed either locally or remotely) does so only
for Your authorized use and complies with the terms of this Agreement.
You may not 1) use, copy, modify or distribute the Program except as provided in
this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the
Program except as specifically permitted by law without the possibility of
contractual waiver; or 3) sublicense, rent, or lease the Program.
The evaluation period begins when You agree to the terms of this Agreement and
ends 1) as of the duration or date specified in the License Information, or 2)
when the Program automatically disables itself. There is no charge for the use
of the Program for the duration of the evaluation period. Unless Licensor
specifies in the License Information that You may retain the Program, You will
destroy the Program and all copies made of it within ten days of the end of the
evaluation period. If Licensor specifies that You may retain the Program, and
You elect to do so, the Program will be then subject to a different license
agreement, that will be provided to You at that time. In addition, a charge may
Licensor may terminate Your license if You fail to comply with the terms of this
Agreement. If Licensor does so, You must destroy all copies of the Program.
3. EXCLUSION OF WARRANTIES
Licensor offers and Licensee accepts the Software "AS IS." Licensor does not
warrant the Software will meet Licensee's requirements or will operate
uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED
FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED UNDER THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
4. LICENSEE'S REMEDIES: LIMITATIONS
LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AGAINST LICENSOR ON ANY AND ALL LEGAL OR
EQUITABLE THEORIES OF RECOVERY SHALL BE, AT LICENSOR'S SOLE DISCRETION, (A)
REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENSE FEE
PAID BY LICENSEE.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Licensor or its suppliers be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information or other pecuniary loss) arising out
of use of or inability to use the Software, even if Licensor or its dealer have
been advised of the possibility of such damages. Some states do not allow the
exclusion or limitation of certain implied warranties or the exclusion or
limitation of incidental or consequential damages, in which case and to the
extent such exclusion or limitation is not allowed, some of the foregoing
limitations and exclusions may not apply to Licensee.
This Agreement shall be interpreted, construed, and enforced according to the
laws of the Country of Israel. In the event of any action under this Agreement,
the parties agree that courts located in Haifa, Israel will have exclusive
jurisdiction and that a suit may only be brought in Haifa, Israel and Licensee
submits itself for the jurisdiction and venue of the courts located in Haifa,
Israel. This Agreement constitutes the entire agreement and understanding of the
parties and may be modified only in writing signed by both parties.
No officer, salesman, or agent has any authority to obligate Licensor by any
terms, stipulations or conditions not expressed in the Agreement. All previous
representations and agreements, if any, either verbal or written, referring to
the subject matter of this Agreement are void. If any portion of this Agreement
is determined to be legally invalid or unenforceable, such portion will be
severed from this Agreement and the remainder of the Agreement will continue to
be fully enforceable and valid. This Agreement, and the rights hereunder, may
not be assigned by Licensee (whether by oral or written assignment, sale of
assets, merger, consolidation or otherwise), without the express written consent
Licensee agrees to be responsible for any and all losses or damages arising out
of or incurred in connection with the "Licensee's Program". Licensee agrees to
defend, indemnify and hold Licensor harmless from any such loss or damage
(including attorney's fees) arising from the use, operation or performance of
the "Licensee's Program" or Licensee's breach of any terms of this Agreement.
Licensee shall be responsible for paying all state and federal use, sales or
value added taxes, duties or governmental charges, whether presently in force or
come into force in the future, related to the distribution and sale of the
"Licensee's Program" and will indemnify Licensor against any claim made against
Licensor relating to any such taxes or assessments.
Copyright (c) 2004-2005 Arik Yavilevich, 5 Haim street, K.Bialik 27076, Israel ALL
RIGHTS RESERVED. All product names appearing above are trademarks of their
Copyright 2004-2005 Arik Yavilevich