AppWizard.com End-User License Agreement

AppWizard  End-User License Agreement (All editions)

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.

SOFTWARE LICENSE.

- 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 SOFTWARE.

WARRANTY DISCLAIMER AND INDEMNIFICATION DISCLAIMER.

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 MEDIA.

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.

EXPORT LAW

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.

TERMINATION

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.