Fair End User License Agreement, Beta Version .90.2 [Foster, 2007]
1. We grant you one license to install and use this software on a single computer at a time. If you do not agree to the following terms of this license, please uninstall and remove all copies and return the product to the place that you purchased it from within 30 days of your purchase for a full refund.
2. You may install and use the software on another computer, but the software may not be in use on more than one computer at a time unless you purchase additional licenses. You may make back-up copies of the software for archival purposes. You may permanently transfer your license to use the software to another party who will be bound by this agreement, provided you do not retain any copies of the software.
3. The software is protected by the copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software code. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage or reverse engineering.
4. We warrant that the software will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation. Media on which the Software is furnished, if any, will be free from defects in materials and workmanship.
5. We have taken all reasonable steps to keep the software free of viruses, spyware, ``back door'' entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize. The software will not download or install patches, upgrades, or any third party software without getting your permission. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
6. We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
LIMITATIONS ON LIABILITY
7. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement. Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
8. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
9. If we have our corporate headquarters in the USA, this agreement will be governed by the laws, including Article 2 of the Uniform Commercial Code, of the state in which we are headquartered. If that state has enacted the Uniform Computer Information Transactions Act (UCITA) or substantially similar law, said statute shall not govern any aspect of this agreement and instead the law as it existed prior to such enactment shall govern. If we do not have our corporate headquarters in the USA, this agreement will be governed by the laws of England.
10. This agreement does not supersede any express warranties we made to you. Any modification to this agreement must be agreed to in writing by both parties.