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Software License Agreement
TraceCloner License Agreement<br><br> THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, THE USER, AND TraceCloner. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND TraceCloner, (REFERRED TO AS 'LICENSOR'), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.<br><br> PLEASE READ THIS LICENSE AGREEMENT CAREFULLY.<br><br> A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE 'TraceClonerLicense.txt' FILE PROVIDED WITH THE PRODUCT.<br><br> YOU MAY ACCEPT THIS LICENSE. YOU MAY REJECT THIS LICENSE, AND TERMINATE THIS INSTALLATION PROCESS. IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT INSTALL OR USE THE PRODUCT. IN THAT CASE, YOU MAY, WITHIN TEN (10) DAYS AFTER YOU FIRST RECEIVED THE PRODUCT, RETURN IT TO TraceCloner, ALONG WITH ITS ORIGINAL PACKAGING AND PROOF-OF-PURCHASE, FOR A FULL REFUND (ON SELECTED PRODUCTS; PLEASE, ASK).<br><br> BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.<br><br> TraceCloner ("Company", "we", "us") is only willing to grant you this License if you obtained the Product from us or a TraceCloner authorized reseller. If you obtained the Product from any other source you may not install or use the Product.<br> <ol> <li><b>Ownership</b>. The Product is proprietary to TraceCloner. The Product is licensed, not sold, to you notwithstanding any reference herein to 'purchases.' You acknowledge and agree that: (a) the Product is protected under copyright and other laws; (b)TraceCloner retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by TraceCloner; (d) you acquire no ownership or other interest (other than your license rights) in or to the Product; and (e) TraceCloner owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world TraceCloner's ownership of the Product, nor will you challenge the validity of TraceCloner's rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to TraceCloner.</li> <li><b>License Grant</b>. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Software in machine-readable, object code form only, and the accompanying documentation, only as authorized in this License Agreement. The Software may be used only on a single computer (i.e. with a single CPU) owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement except that you may permanently transfer all of your rights under this License Agreement, provided that you retain no copies, you transfer all of the Software (including all related media and printed materials and any upgrades), and the transferee agrees to the terms of this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.</li> <li><b>License Fees</b>. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement.</li> <li><b>Copy Restrictions</b>. You may either (a) transfer the Software to a single disk and retain the original Software for back-up purposes, or (b) make one copy of the Software solely for backup or archival purposes. Upon loading the Software into your computer, you may make one copy of the Software on a set of disks, for the purpose of backup in the event the Software is damaged or destroyed. You may make one copy of the documentation for backup purposes. Any such copies of the Software or the documentation shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by you or any person under your authority or control.</li> <li><b>Transfer Restrictions</b>. You may transfer the Software with a copy of this Agreement to another party only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement. Upon such transfer, you must transfer all accompanying written materials, and either transfer or destroy all copies of the Software.</li> <li><b>Limitations</b>. You may not: (a) modify, adapt, alter or translate Product; (b) lease, rent or loan the Product to any third-party; (c) sublicense, distribute or otherwise transfer the Product to any third party except as expressly authorized in this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of TraceCloner or its suppliers on the Product; (f) allow third parties to access or use the Product such as in a time-sharing arrangement or operate the Product as part of a service bureau or, except expressly authorized; (g) reproduce or use the Product except expressly authorized; (h) disclose or publish performance benchmark results for the Product; or (i) utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by us in connection with the Software, or use the Software together with any hardware lock, authorization code, serial number, or other copy protection device not supplied by us directly or through an authorized TraceCloner reseller. The rights granted under this License apply only to this Product. You must procure a separate license to use other TraceCloner software. Furthermore, you may not permit your End Users to conduct the restricted activities limited by items (a) through (e), (g) through (i) above.</li> <li><b>Relationship with End Users</b>. There are no third party beneficiaries to this License. Consequently, TraceCloner provides no warranty at all to any person, other than the limited warranty provided to you, the original purchaser of the Product, as set forth herein, and you will be solely responsible to your End Users (or anyone else who uses or acquires software based on this Product) for support, service, upgrades, or technical or other assistance, and such persons will have no right to contact us for any services or assistance. You will indemnify, defend and hold us, its licensors, its suppliers and each of their respective employees, officers, directors and affiliates, harmless from and against any claims or liabilities arising out of or related to the use, procurement, reproduction or distribution of software based on this Product by third parties.</li> <li><b>LIMITED WARRANTY</b>. THIS SOFTWARE IS PROVIDED BY TraceCloner ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. TraceCloner DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED. Software Digitizer AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. Software Digitizer AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. TraceCloner SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.</li> <li><b>LIMITATION OF LIABILITY</b>. TraceCloner's entire liability and your sole remedy under this License is, at TraceCloner's option, either (a) return of payment as evidenced by a copy of your purchase receipt; or (b) replacement of media not meeting TraceCloner's Limited Warranty. IN NO EVENT SHALL TraceCloner OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TraceCloner'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE.</li> <li><b>Submissions</b>. Should you decide to transmit to Licensor's website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Licensor and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.</li> <li><b>Termination</b>. This License Agreement is effective upon your clicking the 'I Agree' box below and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts therefrom to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.</li> <li><b>Hazardous Uses</b>. This software is not intended for use, and you may not use or allow others to use the software, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that we will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the software.</li> <li><b>Entire License; Severability</b>. This License constitutes the entire, final and exclusive agreement between you and TraceCloner regarding the specific license transaction described herein. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License will remain in full force and effect.</li> <li><b>Waiver and Modifications</b>. All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document signed by both parties.</li> </ol> If you have any questions about this License, please contact your TraceCloner authorized reseller or <a href="mailto:support@TraceCloner.com">TraceCloner.com</a><br><br> https://www.TraceCloner.com<br> email: <a href="mailto:support@TraceCloner.com">TraceCloner.com</a><br> Version 1.0 - September 22, 2007.
