BY INSTALLING OR USING WinOne® (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENCING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST UNINSTALL AND NOT USE THE PRODUCT.
LICENCE GRANT. Lucien Cinc ("The Author") grants licensee a non-exclusive and non-transferable licence to use the product for personal or internal business purposes, provided any copy must contain all of the original proprietary notices. This licence does not entitle Licensee to receive from The Author hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. Licensee may not customise the Product. In the event Licensee wishes to redistribute or sub licence the Product, either for profit or otherwise, licensee must first obtain written permission from The Author to do so. I reserve to right to refuse registration.
RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, licensee may not: (i) modify or create any derivative works of the Product or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; (iii) redistribute, encumber, sell, rent, lease, sub licence, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without The Authors prior written consent; (vi) redistribute the full version of this product.
TERMINATION. Without prejudice to any other rights, The Author may terminate this Agreement if licensee breaches any of its terms and conditions. Upon termination, licensee shall destroy all copies of the Product.
PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in The Author. licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardise, limit or interfere in any manner with The Authors ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. licensee agrees, at its expense, to defend and hold The Author and its affiliates harmless from any and all costs, damages and attorneys' fees resulting from any claim that licensees use of the Product has injured or otherwise violated any right of any third party or violates any law.
DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT THE AUTHOR ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT WILL THE AUTHOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE AUTHORS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENCE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY THE AUTHOR UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF THE AUTHOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SU
HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, The Author and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. licensee agrees that The Author and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.