This is the same agreement that you accepted while downloading LiveFORM.
REDISTRIBUTION NOT PERMITTED.
This Agreement has 3 parts. Part I applies to you if you have purchased
a license to the accompanying software (the "Software") . Part
II applies if you have not purchased a license to the Software. Part
III is common and applies to all license grants. You can purchase a license
for your initially acquired copy of Software from Patil Systems,
Inc.(the "Licenser") at http://www.patils.com
This part specifies terms that are applicable when license fees are paid to the Licenser.
GRANT. Subject to payment of applicable license fees, Licenser grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."
LICENSER does not warrant that the operation of the Software will be error-free or secure or that your use of the Software will be uninterrupted. In addition, the security mechanisms implemented by Licenser have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Licenser's sole liability for any breach of this warranty shall be, in Licenser's sole discretion. Licenser will use reasonable commercial efforts to repair, replace, advise or, refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LICENSER. LICENSER MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. NO LiveFORM DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications, that are not permitted under this license, are made to the Software by you during the warranty period; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
This part specifies terms that are applicable when no license fees are paid to the Licenser. This is limited to evaluation, educational and non-profit use.
GRANT. Licenser grants you a non-exclusive license to use the Software free of charge if (a) you are an organization which meets Licenser's criteria for a charitable non-profit organization , non-commercial usage on a site or an educational instituition; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days. If you are using the Software free of charge, you are not entitled to support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant."
Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, level of service provided by the Software or the Licenser and non-infringement. You bear the entire risk as to the quality and performance of the Software. Should the Software prove defective, you and not Licenser assume the entire cost of any service and repair. In addition, the security mechanisms implemented in the software by Licenser have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement.
This part specifies terms that are applicable to all the users of LiveFORM whether possessing paid or unpaid license.
SCOPE OF GRANT
You may:
You may not:
Title, ownership rights, and intellectual property rights in the Software shall remain in Licenser. The Software is protected by the appropriate copyright laws and treaties.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Licenser or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will Licenser be liable for any damages in excess of the amount Licenser received from you for a license to the software, even if licenser shall have been informed of the possibility of such damages, or for any claim by any other party.
This Agreement represents the entire agreement concerning this license. The Licenser has issued you the license only on your acceptance of the terms set forth herein. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law.