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USER SOFTWARE LICENSE AND LIMITED WARRANTY
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR
USING THE SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE
PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS
PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT"
BUTTON, OR DO NOT DOWNLOAD THE PRODUCT.
This license agreement covers your use of the PortTester executable files,
hereinafter referred to as "Product". The Product is Copyright ©
20011 WhiteRockSoftware.com. You may use it and distribute it according to this
following License Agreement. If you do not agree with these terms, please remove
the Product from your system. By incorporating the Product in your work or
distributing the Product to others you implicitly agree to these license terms.
The Product is, and remains, Copyright © 2011 WhiteRockSoftware.com, with
exception of specific copyrights as noted in the individual source files.
The Product is distributed as try-before-you-buy product. This means:
• All copyrights to Product are exclusively owned by the author —
WhiteRockSoftware.com. Product is protected by copyright laws. At all times WhiteRockSoftware.com
retains full title to the software. Subject to your acceptance of and
accordance with the terms and conditions stated in this agreement, you shall be
granted a single-user software license. Any previous agreement with
WhiteRockSoftware.com is superseded by this agreement.
• The Product unregistered trial version, may be freely distributed, with
exceptions noted below, provided the distribution package is not modified. No
person or company may charge a fee for the distribution of Product without
written permission from the copyright holder. The Product unregistered trial
version may not be bundled or distributed with any other package without
written permission of the copyright holder.
REGISTER THIS SOFTWARE LICENSE GIVES YOU THE RIGHT TO:
1. Install and use the Product for the sole purposes of designing, developing,
testing, and deploying application programs which you create. You may install a
copy of the Product on a computer and freely move the Product from one computer
to another, provided that you are the only individual using the Product. If you
are an entity, you must designate one individual within your organization
("Named User") to have the right to use the Product.
2. The registered Product may not be rented or leased, but may be permanently
transferred, if the person receiving it agrees to terms of this license. If the
software is an update, the transfer must include the update and all previous
versions.
ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE SOFTWARE
LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION, SOFT SERVICE COMAPNY MAY
PURSUE CRIMINAL, CIVIL, OR ANY OTHER AVAILABLE REMEDIES.
1. Distribution of any files contained in this software package.
2. Modification, decompilation, disassembly, reverse engineering or translation
of the Product.
3. Removal of proprietary notices, labels or marks from the Product or Product
Documentation.
AGREEMENT PERTAINING TO THE RELEASE OF SOURCE CODE BY SOFT SERVICE COMPANY
TO RECIPIENT
PRODUCT IS PROVIDED AS IS
PRODUCT IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS
EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. SOFT SERVICE COMPANY WILL NOT
BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS
WHILE USING OR MISUSING THIS PRODUCT
TERM AND TERMINATION
The license granted under this Agreement will continue in force until
terminated, as set forth herein. If Licensee fails to pay any monies or provide
any services due in connection with the Product, or violates any term or
condition of this Agreement, WhiteRockSoftware.com or its agent may terminate
this License immediately by giving notice of termination to Licensee. Licensee
is responsible for providing valid contact information to
WhiteRockSoftware.com. If no valid contact information is available for
Licensee in WhiteRockSoftware.com records, WhiteRockSoftware.com is not
required to give notice of termination to Licensee. Licensee also may terminate
this License voluntarily by giving notice of termination to Soft
WhiteRockSoftware.com and destroying or returning to Soft Service Company all
copies of all or any part of the Product and related user documentation in
Licensee's possession or under Licensee's control.
EFFECT OF TERMINATION
Immediately upon termination, Licensee will destroy or return to
WhiteRockSoftware.com all copies of all or any part of the Product in
Licensee's possession or under Licensee's control. Licensee will have no right
to keep or use any copy of the Product and related user documentation for any
purpose after termination of this Agreement.
TRANSFER OF PRODUCT
Licensee shall not have the right to transfer this Product license, without the
prior written consent of WhiteRockSoftware.com.
CONFIDENTIALITY
The parties to this Agreement will take all reasonable steps to ensure that any
material or information identified by either party to be confidential
("Confidential Information"), which the other party has possession or
knowledge of in connection with this Agreement, will not be disclosed to others,
in whole or in part, without the prior written permission of the other party.
Neither party will have the obligation to maintain the confidentiality of any
data or information which (i) was in the receiving party's lawful possession
prior to receipt from the other party, (ii) is later lawfully obtained by the
receiving party from a third party having no obligation of secrecy to the other
party, (iii) is available to the public through no act or failure of the
receiving party, (iv) is readily available in the public domain, or (v) is
independently developed by the receiving party. The receiving party will
immediately return or destroy any or all Confidential Information that has been
provided to it by the other party, upon the other party's request.
DISCLAIMER OF WARRANTY FOR PRODUCT
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT,
WhiteRockSoftware.com DISCLAIMS ALL IMPLIED WARRANTIES FOR THE PRODUCT,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOFT SERVICE COMPANY MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE
PRODUCT AND DOES NOT PROMISE THAT THE PRODUCT WILL BE ERROR FREE OR WILL
OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL WhiteRockSoftware.com BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF
THE PRODUCT BY ANY PERSON, REGARDLESS OF WHETHER WhiteRockSoftware.com COMPANY
IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY
TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, SOFT
SERVICE COMPANY' NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER
TORTS.
OWNERSHIP OF PRODUCT
WhiteRockSoftware.com has and will retain all ownership rights in the Product,
including all patent rights, copyrights, trade secrets, trademarks, service
marks, related goodwill and confidential and proprietary information. Licensee
will have no rights in the Product except as explicitly stated in this
Agreement.
ASSIGNMENT AND DELEGATION
Licensee may not assign this Agreement or any rights under it and may not
delegate any duties under this Agreement without WhiteRockSoftware.com prior
written consent. Any attempt to assign or delegate without that consent will be
void.
GENERAL
This Agreement constitutes the entire understanding between
WhiteRockSoftware.com and Licensee with respect to subject matter hereof. Any
change to this Agreement must be in writing, signed by WhiteRockSoftware.com
and Licensee. Terms and conditions set forth in any purchase order which differ
from, conflict with, or are not included in this Agreement, shall not become
part of this Agreement unless specifically accepted by WhiteRockSoftware.com in
writing. Licensee shall be responsible for and shall pay, and shall reimburse
Fast WhiteRockSoftware.com on request if WhiteRockSoftware.com is required to
pay, any sales, use, value added (VAT), consumption or other tax (excluding any
tax that is based on WhiteRockSoftware.com net income), assessment, duty,
tariff, or other fee or charge of any kind or nature that is levied or imposed
by any governmental authority on the Product.
All rights not expressly granted here are reserved by Microsoft® and other
trademarks are reserved by their owners.
PROHIBITION OF ILLEGAL USE: USE OF THE SOFTWARE WHICH IS CONTRARY TO THE LAW IS PROHIBITED, AND IMMEDIATELY TERMINATES THE CUSTOMER'S LICENSE TO USE THE SOFTWARE.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS
TERMS AND CONDITIONS.
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