XitNotes 2.5g

EULA - End User License Agreement

SOFTWARE LICENSE AGREEMENT OF KIM BEROS CONSULTING PTY LTD

IMPORTANT-READ CAREFULLY:
KIM BEROS CONSULTING PTY LTD ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT. THESE TERMS AND CONDITIONS APPLY TO DEMONSTRATION AND FULLY LICENSED VERSION OF THIS SOFTWARE. IF YOU AGREE TO THESE CONDITIONS FOR A DEMONSTRATION VERSION AND YOU LATER DECIDE TO PURCHASE A FULLY LICENSED VERSION YOU WILL BE BOUND BY THESES TERM AND CONDITIONS AUTOMATICALLY. BY CLICKING ON THE "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" RADIO BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU INSTALL THIS SOFWARE BECAUSE BY EXCERSISING YOUR RIGHTS TO MAKE AND USE COPIES OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS KIM BEROS CONSULTING PTY LTD LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU FOR ANY PURPOSE INCLUDING DEMONSTRATION, AND IN THAT CASE YOU MUST NOTIFY THE LICENSOR IMMEDIATELY. IF YOU PAID FOR A FULLY LICENSED VERSION YOU WILL BE ABLE TO RECEIVE A FULL REFUND IF YOU DO NOT ACCEPT TERMS AND CONDITIONS.

Ownership of the Software

1. The enclosed Licensor XitNotes software program ("Software") and any accompanying written materials are owned by Licensor and are protected by copyright laws.

Grant Of License

2. Licensor grants to you as the individual, the company, or the legal entity that will be utilizing the software (referenced below as "you or your") the right to use one copy of the Software per license purchased. User access will be governed by the user license purchased.

Restrictions on Use

3. You may not reverse engineer, decompile, or disassemble the Software.

Limited Warranty

4. Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 30 days from the date of purchase of the Software. Any implied warranties on the Software are limited to 30 days. The licensor does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY DEPENDING ON YOUR LOCATION.

5. Disclaimer of Damages:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL KIM BEROS CONSULTING PTY LTD BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF KIM BEROS CONSULTING PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL THE LICENSORS LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply