End-User License Agreement
End-User License Agreement
IMPORTANT - READ THIS CAREFULLY: This "
AppWizard " End-User License (EULA) is a legal agreement between you
(either an individual and the owners of AppWizard, . for the "
AppWizard " which includes computer software, "online" or electronic
documentation, printed documentation, example files, and license
files or hardware keys (collectively referred to as the SOFTWARE)
and the data generated by the SOFTWARE (generated data is
collectively referred to as the OUTPUT). The SOFTWARE also includes
any updates and supplements to the original SOFTWARE that are
provided to you by the owners of AppWizard. You may receive the
SOFTWARE on physical media ("MEDIA"), such as CD-ROMs, instant
download, email link, and parallel port or USB adapters.
By installing, copying, accessing, or
using the SOFTWARE or its OUTPUT you agree to be bound by the terms
of this EULA. If you do not agree to the terms of this EULA, then DO
NOT purchase, install or use the SOFTWARE.
THIS SOFTWARE IS NOT FOR SALE. The
SOFTWARE is licensed to you as the end user, it is not sold.
In order to be entitled to
license AppWizard it must be purchased by the owners of AppWizard or
one of its registered affiliates.
- The owners of AppWizard
and/or its licensors owns all
copyright, trade secret, trademark, patent, and any other
intellectual property or proprietary rights in and to the SOFTWARE.
AppWizard grants you a
personal, non-exclusive, non-transferable license to use a single
copy of the SOFTWARE on a single hard drive provided this copyright
is not violated and provided the terms and conditions of the EULA
are accepted and observed. Under no circumstances will AppWizard be
liable for damages in excess of the cost of the software. This
included but is not limited to attorney fees, fees by apple, or any
other type of expenses. Due to the electronic nature of AppWizard
all sales are final and the buyer understands AppWizard cannot and
will not issue refunds.
- If you agree to all of the terms and
conditions outlined in this document, a license to use the SOFTWARE
on a single computer is granted to you.
OTHER RIGHTS AND LIMITATIONS.
- You may not rent, lease, or
sublicense the SOFTWARE to others. You may not rent, lease, or
resell the OUTPUT unless it is sold as part of a package that has
adds significant value to the output. Examples: you may not resell
OUTPUT on the Internet, however, you may include a large OUTPUT file
as part of a weather simulation program and package it for resale.
- You may not make or otherwise
distribute copies of the SOFTWARE, except for backup purposes.
- With respect to the portions of the
SOFTWARE identified as examples, you are granted the right to use,
modify, and copy the examples in original or modified forms to suit
your specific needs.
- Except for portions of the SOFTWARE
identified as examples, you may not make changes, modify, or prepare
derivative works of the SOFTWARE.
- You may not decompile, disassemble,
or otherwise reverse engineer the SOFTWARE.
- You may not transmit any portion of
the SOFTWARE over a network, by telephone, or electronically by any
means except as necessary to install your licensed copy of the
WARRANTY DISCLAIMER AND INDEMNIFICATION
THIS SOFTWARE AND MEDIA IS PROVIDED
"AS-IS", WITHOUT WARRANTY OF ANY KIND. ANY USE OF THE SOFTWARE AND
OUTPUT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, APPWIZARD BEACH TECHNOLOGY, INC. AND/OR ITS
LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, ITS OUTPUT, AND
APPWIZARD /OR ITS LICENSORS will not
indemnify you and will have no liability for any claim, action, or
suit of patent, trade secret, or copyright infringement based on
your customization of the SOFTWARE (e.g., integrating with other
applications). You acknowledge that you are solely responsible for
determining whether your use infringes on a third party's rights.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL APPWIZARD, ITS
OWNERS, AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, ITS OUTPUT, OR THE MEDIA EVEN IF APPWIZARD HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. IN NO EVENT SHALL THE LIABILITY OF APPWIZARD EXCEED THE
GREATER OF THE LICENSING FEES PAID BY YOU FOR THE SOFTWARE.
NOT FOR USE IN HIGH RISK ENVIRONMENTS.
THIS SOFTWARE AND ITS OUTPUT ARE NOT
DESIGNED OR INTENDED FOR USE AS PART OF ON-LINE CONTROL EQUIPMENT IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN
THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT
MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE
COULD LEAD DIRECTLY TO DEATH PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE ("HIGH-RISK ACTIVITIES"). APPWIZARD BEACH
TECHNOLOGY, INC. AND/OR ITS LICENSORS SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
U.S. GOVERNMENT RESTRICTED RIGHTS.
If you are the United States Government
or any agency or instrumentality thereof, the SOFTWARE is provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth in FAR sections
52-227-14 and 52-227-19, DFARS sections 252.227-7013(c)(1)(ii), or
subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software
Restricted Rights at 48 CFR 52.227-19, as applicable.
You agree not to export the SOFTWARE,
its OUTPUT, or underlying information or technology, either directly
or indirectly, to any foreign country except when such export is
authorized by, and in full compliance with, the laws and regulations
of the United States of America.
This EULA is effective until
terminated. You may terminate it at any time by destroying the
SOFTWARE and MEDIA and erasing any copies residing on computer
equipment. This EULA will also terminate if you do not comply with
any terms and conditions of this EULA. Upon such termination you
agree to destroy any and all copies of the SOFTWARE and MEDIA and
erase all copies residing on computer equipment.
APPWIZARD reserves the right to
terminate this EULA if it deems, at its sole discretion, that you
are unruly, grouchy, or otherwise unreasonable in your
communications with APPWIZARD or other communications that pertain
or relate to the SOFTWARE or its OUTPUT.