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.