Inet-connex.com Software Shareware Warranty/License agreement
Copyright
© 2004-2005 by inet-connex.com Software. All rights reserved.
Evaluation and Registration
NOTICE: By installing, operating, copying,
distributing, or otherwise using Storstats, you agree to the terms of this Shareware
License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL
Storstats.
License
Conditioned on your honoring the
terms of this Agreement, inet-connex.com ("inet-connex") grants you a non-exclusive,
non-transferable license (the "License") to install and use the current version
of inet-connex’s software product Storstats - Basketballl, including the accompanying
user documentation and any later versions within the same major release series (collectively,
"Storstats"), for your personal, lawful, non-infringing use on (1) personal data
assistant (“pda”) in accordance with this Agreement. A separate License for each
pda or for which you do not personally own and use must be purchased.
Trial Period
The License extends for a single
limited Trial Period of 30 days following your first installation of Storstats to
permit you to evaluate Storstats. The License will terminate automatically at the
end of the Trial Period unless you register your copy of Storstats first. You may
not use Storstats for more than one Trial Period.
Long Term License
If you register your copy of Storstats
with inet-connex and pay the License Fee, the License will remain in effect perpetually
unless terminated as provided below.
Trial Distribution
a.
You may provide copies of Storstats to others for their
trial use so long as you: provide exact, unmodified copies of Storstats in the form
of the ZIP file received from inet-connex, including all accompanying files, this
Agreement, and all copyright, trademark, proprietary, and other notices;
b.
do not charge or collect any monetary or other compensation
for or in connection with Storstats, apart from a modest reproduction or handling
fee; and
c.
reference inet-connex as the sole source of Storstats
and reference the official Storstats website www.storstats.com.
Back-up Copies
You
may make up to two exact, unmodified copies of Storstats solely for your own back-up
or archival use.
Prohibited Acts. You may not:
a.
sublicense, sell, lease, permit use of, give, lend, distribute,
release, provide access to, or in any way transfer Storstats or any copy or portion
thereof, except for Trial Distribution as permitted above;
b.
use Storstats to provide service bureau or time-sharing
services to any other party;
c.
make any copies of Storstats except as permitted herein;
d.
modify, enhance, or prepare derivative works based on
Storstats;
e.
decompile, disassemble, reverse engineer, analyze, or
otherwise attempt to discover the source code of Storstats;
f.
use or incorporate Storstats or any portion thereof
in any other product without the prior written permission of inet-connex; or
g.
remove, alter, or obscure the copyright, trademark, proprietary,
or other notices from Storstats or any of its screen displays.
Proprietary Rights
Title to, ownership of, and all copyrights
and other intellectual property rights in Storstats and all copies thereof shall
remain solely in inet-connex.com with inet-connex designated as owning exclusive
rights to selling Storstats, unless proper official permission has been given by
inet-connex.com. Storstats is protected by U.S. copyright and other intellectual
property laws and by international treaties. inet-connex reserves to itself all
rights not expressly granted in this Agreement. No Warranty. Storstats and all related
support and advice are provided "AS IS" and without warranty of any kind. inet-connex
disclaims all warranties, express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose.
Other Disclaimers
Inet-connex
does not warrant that Storstats will meet your specific needs or requirements, nor
that the operation of Storstats will in all instances be uninterrupted or error-free.
Because software is inherently complex and may not be completely free of errors,
and because third party hardware may not be compatible.
Exclusion of Damages
Inet-connex
shall not be liable for any direct, indirect, consequential, special, incidental,
or other damages, including but not limited to damages for lost profits, interruption
of business, lost or corrupted data or programs, system crashes, or diversion of
system or other resources, arising out of or relating to this Agreement or the performance,
quality, results, use of, or inability to use Storstats or any support, advice,
products, or services which are or should have been provided to you, even if inet-connex
has been advised of the possibility of such damages.
Technical Protection
Storstats may contain technical protections
that restrict use to certain equipment, to a single personal handheld device, or
to a certain time period, and may provide other restrictions, all of which shall
be consistent with the License. inet-connex shall not be liable for any damages
incurred as a result of such technical protections or the failure of Storstats to
operate outside the scope of the License.
No Third Party Claims
Inet-connex
shall not be liable for any claim asserted against you by any other party, including
but not limited to claims for infringement of copyright or other intellectual property
rights.
Time to File Action
No action arising under or relating
to this Agreement, to Storstats, or to any support, advice, products, or services
which are or should have been provided to you, may be filed more than one year after
the cause of action accrues.
Applicability
Some jurisdictions do not permit
the exclusion or limitation of implied warranties or consequential damages, so some
of the above exclusions or limitations may not apply to you.
Termination for Breach
Inet-connex
may terminate the License with or without cause at any time immediately and without
notice if you materially breach any term of this Agreement or infringe any of inet-connex’s
rights in Storstats.
Duties on Termination
Immediately upon termination of the
License, you must stop using Storstats and destroy all copies of Storstats within
your possession, custody, or control.
No Assignment
You may not assign, sublicense, or
otherwise transfer the License or any other rights arising under this Agreement.
Any purported transfer in violation of this paragraph shall be void
Enforcement Costs
You agree to reimburse inet-connex
for all costs, including reasonable attorney’s fees, incurred to enforce any of
inet-connex’s rights under this Agreement or in Storstats or to defend any claims
you assert unsuccessfully against inet-connex.
Severability
Any provision of this Agreement which
is held to be unenforceable as written shall be enforced to the fullest extent permissible
and shall not affect the validity of any other provision of this Agreement.
Governing Law and Forum
This Agreement shall be governed
by and construed in accordance with the laws of the State of Texas and the United
States of America. All disputes arising under this Agreement or in connection with
Storstats shall be resolved in the state or federal courts serving Denton County,
Texas, except that actions for infringement of intellectual property rights may
be brought in any court of competent jurisdiction.
Entire Agreement
This document states the complete,
final, and exclusive agreement concerning your possession, operation, copying, distribution,
and other use of Storstats and supersedes all earlier oral or written agreements,
proposals, marketing materials, representations, promises, and other communications
between you and inet-connex. The terms of this Agreement may only be amended, waived,
or supplemented by a later writing signed by you and inet-connex.
Additional Information
If you have questions or desire additional information about Storstats, inet-connex,
or inet-connex’s software use or privacy policies, please contact
sales@storstats.com.
|