License Agreement for ADME Developer’s Kit v1.0

This software package is Copyright 2003, Peter L. Blum. All rights are reserved.

 

This document is effective as of June 28, 2003.

 

This is a legal agreement between the User, herein referred to as the "RECIPIENT", and Peter L. Blum, herein referred to as the "AUTHOR".

"RECIPIENT" means the company, entity or individual who intends to use ADME Developer’s Kit v1.0.

 

ADME Developer’s Kit v1.0 is herein referred to as "SOFTWARE".

Use of SOFTWARE indicates your acceptance of the following terms and conditions and disclaimers.

"Use" means storing, loading, installing, or executing the SOFTWARE.

 

This SOFTWARE requires product registration before a license is granted. To register, RECIPIENT must go to the web site http://www.PeterBlum.com, select this SOFTWARE, and select the Download option. A form will ask for your contact information. Upon submission, RECIPIENT will receive an Email with a serial number which is a receipt.

 

Licensing Agreement for SOFTWARE

 

By using any part or whole of the SOFTWARE, the RECIPIENT indicates agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the RECIPIENT and the AUTHOR. If the RECIPIENT does not understand these terms and conditions and disclaimers, or does not agree to and accept them, then the RECIPIENT may not use or view any part or whole of the SOFTWARE.

 

1. LICENSE GRANT.

The AUTHOR hereby grants the RECIPIENT the right to use the SOFTWARE after the product has been registered correctly. Registration requires that RECIPIENT provide accurate contact information to the AUTHOR. AUTHOR will send RECIPIENT an Email with a serial number and RECIPIENT's contact information. The email constitutes a receipt and the completion of the registration process.

 

The granted license is a SITE LICENSE. A Site License allows the RECIPIENT to use the SOFTWARE on an unlimited number of computers, so long as those computers are owned or managed by the RECIPIENT.

 

2. OWNERSHIP

The SOFTWARE is owned and copyrighted by Peter L. Blum. The RECIPIENT's license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

 

3. COPYRIGHT

The SOFTWARE is protected by international treaty provisions. RECIPIENT acknowledges that no title to the intellectual property in the SOFTWARE is transferred to the RECIPIENT.  RECIPIENT further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of AUTHOR and RECIPIENT will not acquire any rights to the SOFTWARE except as expressly set forth in this license. RECIPIENT agrees that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

 

4. REVERSE ENGINEERING

RECIPIENT agrees that it will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

 

5. DISTRIBUTION

The RECIPIENT may not distribute any part of the SOFTWARE without express written permission of the AUTHOR except for these parts exactly as described:

 

The files that make up the ADME End User Installer may be distributed. They are found in the ADME End User Installer folder when the SOFTWARE is installed. No changes are permitted to the file names, folders or contents of these files.

 

The files that are installed as a result of running the ADME End User Installer may be distributed. No changes are permitted to the file names, folders or contents of these files.

 

6. DISCLAIMER OF WARRANTY

NO OTHER WARRANTIES. THIS SOFTWARE IS LICENSED TO THE RECIPIENT "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.

 

7. LIMITATION OF LIABILITY

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

 

8. 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. 

 

9. TERMINATION

This License will terminate automatically, without notice from the AUTHOR, if the RECIPIENT fails to comply with the terms and conditions of this License Agreement. Upon termination, the RECIPIENT shall immediately discontinue use of the SOFTWARE and destroy all copies of the SOFTWARE.  All payments made by RECIPIENT are non-refundable.  Notwithstanding termination, the following provisions shall survive: Disclaimer of Warranty and Limitation of Liability.  All other rights granted under this License will cease upon termination.

 

10. GOVERNING LAW

This agreement will be governed by the laws of the Commonwealth of Massachusetts in the United States of America.

 

11. ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive agreement between AUTHOR and RECIPIENT with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of the AUTHOR and RECIPIENT.