Please read
this evaluation/ license agreement (called the "Agreement") carefully.
Your download and use of the evaluation software (called the
"Software") indicates your acceptance of the following terms and
conditions. If you do not agree to these terms and conditions, you may not
download, install or use the Software.
The Software is made available for a free trial without charge in order
to allow you to evaluate the Software. We encourage your feedback and
suggestions.
1. Ownership and License
The copyright of the Software is owned by H.T.
Parks. (hereafter "HTP").
HTP grants you a non-exclusive, non-transferable license to download the
Software and use it only for your personal, non-commercial and lawful end use.
Implied licenses are negated.
You may copy the Software for backup only.
You may not: 1) merge, distribute (for free or for sale) or sublicense
the Software; 2) reverse assemble, reverse compile, or otherwise translate the
Software without expressed written permission by H.T. Parks..
2. Term and Termination
In the event a claim arises with respect to the Software, HTP may request, upon
thirty (30) days notice that you discontinue further use of the Software and
that you delete or destroy all copies of the Software you possess. You agree
that you will comply with such a request.
3. Warranty Disclaimer and
Limitation of Liability
HTP LICENSES THE SOFTWARE TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY
OF ANY KIND. HTP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You are
solely responsible for determining the appropriateness of using this Software
and assume all risks associated with the use of this Software, including but not
limited to the risks of program errors, damage to or loss
of data, programs or equipment, and unavailability or interruption
of operations. Once a license key(s) has been issued, NO REFUND may
be obtained. Some jurisdictions do not allow for the exclusion or limitation of
implied warranties, so the above limitations or exclusions may not apply to you.
HTP will not be liable for any direct damages or for any special, incidental, or
indirect damages or for any economic consequential damages (including lost
profits or savings), even if HTP has been advised of the possibility of such
damages. HTP will not be liable for the loss of, or damage to, your records or
data, or any damages claimed by you based on a third party claim.
4. Feedback and Suggestions
We encourage your feedback and suggestions and want to use your feedback to
improve the Software. Send all such feedback to: Small Business Professional
Developers at support@sbmpro.com.
You hereby grant to HTP an irrevocable license under all intellectual property
rights (including copyright) to use, copy, distribute, sublicense, display,
perform and prepare derivative works based upon any feedback, including
materials, fixes, error corrections, enhancements, suggestions and the like that
you provide to HTP.
5. General
This Agreement is governed by International Law.
By downloading and using this software you agree to the terms and conditions as
stated above and governed by International and U.S. copyright laws.
