This End-User License Agreement (the "Agreement") is a legal agreement between you ("You") and the software author Chris Antos ("Company") for the use of the Icon Manager software product ("Software").
By using this Software or any part of it, You are agreeing to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not install or use the Software.
Intellectual Property Rights
This Software is protected by both United States copyright law and international treaty
provisions. All applicable rights to patents, trade secrets, copyrights, and
trademarks, both US and international, in the Software are and shall remain in the
Company. Software and all copies thereof are proprietary to Company and title thereto
remains in Company. You are not entitled to change or remove any marks or notices
concerning any intellectual property rights on or within the Software.
License and Distribution
The evaluation copy of this Software ("Trial Version") is free of charge for an initial
trial period of 14 days. Additional evaluation time may be granted by Company, at its
discretion. You must pay the license fee and register your copy of Software to continue
to use it after the trial period has expired. You may freely distribute Software to
others for their evaluation. When beaming Software from your Palm, a registered version
will automatically revert to an evaluation version for the person receiving the beamed
Software. YOU MAY NOT DISTRIBUTE YOUR REGISTRATION KEY TO OTHERS, DOING SO IS A
MATERIAL BREACH OF THIS LICENSE AGREEMENT. The trial period is not applicable to the
free version of this Software ("Free Version") which has several functional limitations
and is included with some third party software packages.
Restrictions
You may not nor permit anyone else to de-compile, reverse engineer, or disassemble,
modify, or create derivative works based on the Software or the documentation in whole
or in part. You may not use Software for any commercial purposes or public display,
performance, sale or rental. You may not use Software to perform any unauthorized
transfer of information (e.g. transfer of files or icons in violation of copyright) or
for any illegal purpose.
Disclaimer of Warranty
You shall not rely exclusively on Software for any reason. You waive any and all claims
You may have against Company arising out of the performance or nonperformance of
Software. SOFTWARE IS PROVIDED AS IS, AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS
OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Company shall not be responsible for any loss or damage to You or any third parties
caused by Software. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL
THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT. In any
case, Company's entire liability under any provision of this Agreement shall be limited
to the amount, if any, actually received by Company for the Software.
Governing Law
This Agreement shall be governed by the state of Washington, USA. The sole jurisdiction
and venue for any litigation arising out of this Agreement shall be an appropriate state
or federal court located in Redmond, Washington.
Entire Agreement
This Agreement constitutes and expresses the entire agreement and understanding between
the parties in reference to the Software.