License Agreement

last update 6th September 2002
The latest Version can be found at http://home.vr-web.de/jSwi/SoftPalm/License.html

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THE LICENSE) BEFORE USING THAT SOFTWARE AND ANY ACCOMPANYING FILES ( THE SOFTWARE ). THE SOFTWARE IS A PROPRIETARY PRODUCT OF JUERGEN SCHWISTER ( THE AUTHOR ) AND IS PROTECTED BY COPYRIGHT LAW. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MUST PROMPTLY DISPOSE OF ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION.
  1. License

    The Software is licensed, not sold, to you by the Author. All copies and distributions of the Software which this License authorizes you to make are also governed by the terms of this License. All rights pertaining to the Software that are not expressly granted to you in this License are retained by the Author. The Software is distributed electronically only. The Software with full function (The Full Software) is distributed by E-Mail. Delivery on a Media like CD-ROM or floppy Disk can not be provided.

    The Author grants you a non-exclusive right to use the Software on any computers owned by you.

    You have to purchase a user license for each computer on which you have installed the Software

    The purchase of a User License gives you the right to use the Software on a single computer owned by you. If you would like to use the Software on more than one computer, you must purchase multiple User Licenses.

    Upon purchase of a User License, or at the discretion of the Author, you will be provided with the Full Software.

  2. Ownership

    Ownership of the legal rights, titles, and interest in the Software remains solely with the Author. These rights may include copyrights, trademarks, trade secrets, and other rights as applicable. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, duplicate, create derivative works based on the Software, or transmit the Software over a network except as expressly permitted under the terms of this License.

  3. Duplication and Distribution of the Unregistered Software

    In accordance with the other terms of this License, the Author grants you the non-exclusive right to duplicate and install the Demo Software on any computer.

    Unless expressly prohibited by the Author, such as may be the case with non-public pre-release versions of the Software, the Demo Software may be distributed through the internet, electronic bulletin boards, and other computer networks, or from person to person.

    Whenever the Demo Software is distributed, all files accompanying the Demo Software (the documentation, and any other accompanying files) must be distributed along with the Demo Software. The accompanying files and the Demo Software must be distributed intact and in their original form, without modification and without exception. If the Demo Software and all accompanying files are contained in a single Installer program, only that Installer may be distributed.

    Distributors of the Demo Software may not sell, charge for, or otherwise demand payment for the Demo Software for their own profit, or otherwise misrepresent or misconstrue the terms of the License under which the Software may be purchased by the end user.

    The Demo Software may not be distributed on computer-readable material such as floppy disk or CD-ROM without the consent of the Author.

    With the consent of the Author, CD-ROM distributors may charge end users for those costs associated with the distribution of the material upon which the Demo Software is recorded, such as the costs associated with materials, postage, packaging, or labor. CD-ROM distributors may not attempt to make a direct profit from such charges. With the consent of the Author, CD-ROM distributors may provide end users with copies of the Demo Software free-of-charge for the purpose of promoting or marketing another product by which the distributors hope to make a profit (such as a magazine), as long as the other terms of this License with respect to the distribution of the Demo Software are met.

  4. Duplication and Distribution of the Full Software

    The Author grants the purchaser of a Single User License the right to make two (2) copies of the Full Software for their own personal archival purposes, for as many computers as they have purchased User Licenses.

    The purchaser of a User License may duplicate the Registered Software and install it on a computer different from the computer for which the User License was purchased, provided that the Registered Software on the original computer is then promptly deleted.

    You may not distribute the Registered Software in any other way, including but not limited to any computer-readable material, floppy disk, CD-ROM, computer network, electronic bulletin-board service, or the Internet.

  5. Warranty and limitations of liability

    THE SOFTWARE IS PROVIDED AS IS. USE THE SOFTWARE AT YOUR OWN RISK. THE AUTHOR MAKES NO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO ORAL OR WRITTEN COMMUNICATION FROM OR INFORMATION PROVIDED BY THE AUTHOR SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL THE AUTHOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN ALL JURISDICTIONS. YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

  6. Export

    You agree to comply with the laws and regulations of Germany and other countries regarding the export of computer software as those laws and regulations pertain to the Software governed by this License.

  7. Governing law

    This License shall be governed by the laws of Germany.

  8. Severability

    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.

  9. Amendments

    This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes any prior agreements or understandings. No amendment to this License will be binding unless agreed to and signed by the Author in writing.

Juergen Schwister
Cologne/Germany
Juergen.Schwister@gmx.net