WDPS Software - End User License Agreement

NOTICE: CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (EULA). BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT (THE "SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL AND/OR USE THIS SOFTWARE.

SECTION I -- TERMS APPLICABLE TO DEMO LICENSE GRANT
1. DEMO LICENSE GRANT: This SOFTWARE is shareware and is not free. An unregistered version of the SOFTWARE will operate in a DEMO mode that has certain limitations, as described in the help documentation. You may install and evaluate the SOFTWARE in DEMO mode for a period of not more than 60 days from the time of your first installation of the SOFTWARE. If you continue to use the Software beyond the evaluation period, you agree to register the SOFTWARE and pay the applicable license fee to WDPS Software.

2. TRANSFER OF DISTRIBUTION. You may share the DEMO distribution with others for their evaluation provided that you do not modify the DEMO distribution in any way and provided that you do not charge a fee of any kind for said distribution.

SECTION II -- TERMS APPLICABLE TO REGISTERED LICENSE GRANT

1. REGISTERED LICENSE GRANT. If you register the SOFTWARE with WDPS Software and pay the applicable license fee you will receive a registration key and a customer ID that together will activate the full features of the SOFTWARE. WDPS Software grants you a nonexclusive license to use one copy of the SOFTWARE on one computer system for each license that You purchase from WDPS Software.

2. NON-TRANSFERRABLE. This license, and the associated registration key and customer ID, are not transferable to any other party. You agree to not share your license registration key and customer ID information with any other party.

SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE

1. OWNERSHIP. You acknowledge that WDPS Software owns all right, title and interest in and to the SOFTWARE, including without limitation all Intellectual Property Rights. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

2. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. The SOFTWARE is protected by United States copyright law and international treaty provisions. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

3. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, prepare derivative works from, disassemble, or otherwise attempt to derive source code from the SOFTWARE in whole or in part. You also agree that you will not attempt to decipher or defeat in any manner the registration key that is provided to you by WDPS Software when you purchase a SOFTWARE license.

4. NO OTHER WARRANTIES. WDPS Software DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. WDPS Software DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

5. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WDPS Software OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF WDPS Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WDPS Software' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU.

7. GOVERNING LAW. This license will be governed by the laws of the State of Pennsylvania, USA. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

8. ENTIRE AGREEMENT. This is the entire agreement between you and WDPS Software which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.