License Agreement
This License Agreement defines the terms and conditions under which
you (Evaluator) are permitted by Wintertree Software Inc. (Licensor)
to evaluate the WSpell ActiveX Spelling Checker (the Software).
I. License grant
Licensor hereby grants to Evaluator, and Evaluator hereby accepts,
subject to the terms and conditions set forth in this Agreement, a
non-exclusive and non-transferable license to evaluate Software as
set forth in this Agreement. The term "license" as used in
this Agreement shall mean and include:
The right to use Software for evaluation purposes on a single
computer system at one time for a term specified in clause II;
The right to modify any source code provided with Software.
In accepting the license granted by Licensor, Evaluator agrees that
it shall:
Either purchase the Software or completely destroy the Software as
specified in clause III, when the evaluation term has expired;
Not use Software on more than one computer system at a time;
Not transfer or allow the transfer of copies of Software;
Not attempt to disassemble or reverse-engineer Software;
Not disclose to any third party information about the Software,
including its design, implementation, source code, API definitions,
file formats, documentation, or calling conventions;
Not loan or rent Software to a third party;
Not redistribute any portion of Software;
Not use Software with a license key provided with a retail copy of Software;
Not use information gained in evaluating the Software for the purpose
of developing any software application which calls, accesses, or
otherwise uses any Wintertree Software technology included with
Wintertree Software products or the products of third parties for
which Evaluator has no license.
II. Term of Agreement
The term of this Agreement shall commence at the time the Software is
received by Evaluator and shall continue for a period of thirty (30)
calendar days.
III. Termination of Agreement
When the term of this Agreement has expired, Evaluator must either
pay the full purchase price for the Software or completely destroy
the Software, any backups, any modified source code, and any
accompanying documentation. This obligation shall survive the
termination of this Agreement. Evaluator may terminate this agreement
at any time by destroying the Software. In the event of a material
default by the Evaluator or the Evaluator's agent or representative,
of any provision of this Agreement, the Licensor may terminate this
Agreement upon five (5) days written notice, except that the
Evaluator shall have five (5) days of receipt of notice of termination.
IV. Copyright and proprietary information
Evaluator acknowledges that Software and all supporting documentation
constitute valuable property of Licensor and that all title and
ownership rights in Software and related materials remain exclusively
with Licensor.
Licensor reserves all rights with respect to Software under all
applicable laws for the protection of proprietary information,
including, but not limited to, trade secrets, copyrights, trademarks,
and patents.
Except as otherwise provided in this Agreement, Evaluator shall not
cause or permit unauthorized copying, reproduction, or disclosure of
any portion of the Software or supporting documentation, or the
delivery or distribution of any part thereof to any third person or
entity, for any purpose whatsoever, without the prior written
permission of Licensor. This restriction shall continue to bind
Evaluator and its agents and representatives beyond the termination
of this Agreement.
V. Indemnification
Evaluator shall indemnify and defend against any and all claims,
including claims by third parties or employees of Evaluator, which
arise directly or indirectly out of Evaluator's use or operation of
the Software.
Licensor shall not be liable for any incidental or consequential
damages suffered by Evaluator through the use of the Software,
whether or not such damages were disclosed to, or reasonably foreseen.
VI. Disclaimer of Warranty
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS
TO PERFORMANCE OR MERCHANTABILITY.
THIS SOFTWARE IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES
WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER
WHICH THIS SOFTWARE MAY BE USED, NO WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE
SOFTWARE THOROUGHLY BEFORE RELYING ON IT. THE USER MUST ASSUME THE
ENTIRE RISK OF USING THE SOFTWARE.
By clicking the "I Accept" button you indicate your
acceptance of the terms and conditions set forth in this License Agreement.