END-USER LICENSE AGREEMENT FOR DEW RESEARCH
IMPORTANT- READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
This End User License Agreement (this 'EULA') contains the terms and conditions regarding your use of the SOFTWARE (as defined below) and material limitations to your rights in that regard. You should read this EULA carefully.
By installing the FFT PROPERTIES version v5 EVALUATION software (hereinafter the 'SOFTWARE'), you are accepting the following EULA.
I. THIS EULA.
1. Software Covered by this EULA.
This EULA governs your use of the Dew Research SOFTWARE enclosed either as part of a SOFTWARE installer or otherwise accompanied herewith. The term 'SOFTWARE' includes, to the extent provided by Dew Research: 1) any revisions, updates and/or upgrades thereto; 2) any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; 3) anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and 4) any associated media, documentation (including physical, electronic and online) and printed materials (the 'Documentation').
2. This EULA is a legal agreement between you and Dew Research.
If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then 'you' and 'your' mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of laws such as copyright infringement.
This EULA is a legal agreement between you and Dew Research. You intend to be legally bound to this EULA to the same extent as if Dew Research and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE. If you have already installed or begun to install the SOFTWARE you should cancel any install in progress and uninstall the SOFTWARE. If you do not agree to all of these terms and conditions, then you must promptly return the uninstalled SOFTWARE to the place from which you purchased it in accordance with the return policies of that place.
II. DISTRIBUTION
This SOFTWARE is shareware. Users must purchase license after 14 days of trial use. Registered users will receive fully functional copy. You may distribute the SOFTWARE as long as it remains in its original non-modified state.
III. REGISTRATION
By registering this software, Dew Research grants you, that you may install and use one copy of the FFT PROPERTIES on a single computer, including a workstation, terminal or other digital electronic device ('COMPUTER').
IV. INTELLECTUAL PROPERTY.
1. Copyright.
You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, code examples and text incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by Dew Research, except to the limited extent that Dew Research may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. Dew Research reserves all rights not otherwise expressly and specifically granted to you in this EULA.
2. Backups.
You may make one copy the SOFTWARE solely for backup or archival purposes.
3. General Limitations.
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.
4. Software Transfers.
You may not rent or lease the SOFTWARE. You may transfer the SOFTWARE to another computer, provided that it is completely removed from the computer from which it was transferred. You may permanently transfer all of your rights under the EULA, provided that you retain no copies, that you transfer all the SOFTWARE (including all component parts, the media and printed materials, any dates, upgrades, this EULA and, if applicable, the Certificate of Authenticity), and that the recipient agrees to the terms and conditions of this EULA as provided herein. Dew Research should be notified in writing of license transfers where the company of the recipient is different to that of the original licensee. If the SOFTWARE is an update or upgrade, any transfer must include all prior versions of the SOFTWARE.
5. Termination.
Without prejudice to any other rights it may have, Dew Research may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts.
V. DISCLAIMER and WARRANTIES
1. Disclaimer
Dew Research's entire liability and your exclusive remedy under this EULA shall be, at Dew Research's sole option, either (a) return of the price paid for the SOFTWARE; (b) repair the SOFTWARE through updates distributed online. Dew Research cannot and does not guarantee that any functions contained in the Software will meet your requirements, or that its operations will be error free. The entire risk as to the Software performance or quality, or both, is solely with the user and not Dew Research. You assume responsibility for the selection of the component to achieve your intended results, and for the installation, use, and results obtained from the SOFTWARE.
2. Warranty.
Dew Research makes no warranty, to the maximum extent permitted by law, either implied or expressed, including with-out limitation any warranty with respect to this Software documented here, its quality, performance, or fitness for a particular purpose. In no event shall Dew Research be liable to you for damages, whether direct or indirect, incidental, special, or consequential arising out the use of or any defect in the Software, even if Dew Research has been advised of the possibility of such damages, or for any claim by any other party. All other warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded.
VI. MISCELLANEOUS.
1. This is the Entire Agreement.
This EULA (including any addendum or amendment to this EULA included with the SOFTWARE) is the final, complete and exclusive statement of the entire agreement between you and Dew Research relating to the SOFTWARE. This EULA supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this EULA, whether oral or written. No terms or conditions, other than those contained in this EULA, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with an installation of the SOFTWARE, 'clicking-through' a questionnaire, etc.) Employees, agents and other representatives of Dew Research are not permitted to orally modify this EULA.