Software License Agreement
Please read this software license agreement carefully before downloading or using the software. The software is licensed, not sold, and is licensed only on the condition that the customer agree to the following terms:
Single User License Grant: Steinkamp Software Solutions ("N7YG") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the N7YG software and documentation ("Software") in object code form solely on computers owned or leased by Customer.
Except as expressly authorized above, customer shall not: copy, in whole or in part, software or documentation; modify the software; reverse compile or reverse assemble all or any portion of the software; or rent, lease, distribute, sell, or create derivative works of the software.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets or copyrighted material of N7YG. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of N7YG. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the Software and documentation shall remain solely with N7YG.
LIMITED WARRANTY. N7YG warrants for a period of thirty (30) days from the date of shipment from N7YG or download from N7YG's web site: (i) that the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) that the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of N7YG and its suppliers under this limited warranty will be, at N7YG's option, repair or replacement of the Software, or refund of the purchase price of the Software if reported (or, upon request, returned) to N7YG.
In no event does N7YG warrant that the Software is error free, that Customer will be able to operate the Software without problems or interruptions, or that the Software does not infringe upon the patents, copyrights or proprietary rights of others. This warranty does not apply if the Software (a) has been altered, except by N7YG, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by N7YG, or (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident.
If the Customer notifies N7YG within fifteen (15) days following shipment of the Software from N7YG, or download of the Software by the Customer, as the case may be, that the Customer is not satisfied with the Software for any reason, N7YG shall refund the purchase price in full. To claim a refund, the Customer must email its request (signed by the same person who signed the purchase agreement) to email@example.com and must certify in writing that it has destroyed all copies of the Software in its possession.
Disclaimer. Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, noninfringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law.
In no event will N7YG be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if N7YG has been advised of the possibility of such damages. In no event shall N7YG's liability to customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by customer for the software. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. Some states do not allow limitation or exclusion of liability for consequential or incidental damages. If you reside in such a state, the foregoing limitations and exclusions may not apply to you.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from N7YG if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
This License shall be governed by and
construed in accordance with the laws of the State of Arizona, United States of
America, as if performed wholly within the state and without giving effect to
the principles of conflicts of law. If any portion hereof is found to be void or
unenforceable, the remaining provisions of this License shall remain in full
force and effect. This License constitutes the entire License between the
parties with respect to the use of the Software.