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GADWIN WEB SNAPSHOT
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LICENSE FOR USE AND DISTRIBUTION
1. LICENSE GRANT.
Gadwin, Ltd. grants you a license to use one copy of the
version of this SOFTWARE on any one system for as many licenses as
you purchase. "You" means the company, entity or individual whose
funds are used to pay the license fee. "Use" means storing, loading,
installing, executing or displaying the SOFTWARE. You may not modify
the SOFTWARE or disable any licensing or control features of the
SOFTWARE except as an intended part of the SOFTWARE's programming
features. When you first obtain a copy of the SOFTWARE, you are
granted an evaluation period of not more than 30 days, after which
time you must pay for the SOFTWARE according to the terms and prices
discussed in the SOFTWARE's documentation, or you must remove the
SOFTWARE from your system. This license is not transferable to any
other system, or to another organization or individual. You are
expected to use the SOFTWARE on your system and to thoroughly
evaluate its usefulness and functionality before making a purchase.
This "try before you buy" approach is the ultimate guarantee that
the SOFTWARE will perform to your satisfaction; therefore, you
understand and agree that there is no refund policy for any purchase
of the SOFTWARE.
2. OWNERSHIP.
The SOFTWARE is owned and copyrighted by Gadwin, Ltd. Your
license confers no title or ownership in the SOFTWARE and should not
be construed as a sale of any right in the SOFTWARE.
3. COPYRIGHT.
This software is copyright 1999-2024, Gadwin, Ltd. "Gadwin
Web Snapshot" is a trademark of Gadwin, Ltd. The use and
copyright of this software is governed by international copyright
treaties. Gadwin, Ltd. retains full title and rights to this
software and documentation and in no way does the license granted in
any way diminish the intellectual property rights of Gadwin Systems,
Inc. You must not redistribute the registration codes provided,
either on paper, electronically, or in any other form.
3. DISCLAIMER.
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
WILL GADWIN, LTD. BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND
IT AND AGREE TO BE BOUND BY ITS TERMS.
4. DISTRIBUTION.
The SOFTWARE may be distributed freely in its original unmodified
and unregistered form, with exceptions noted below, provided the
distribution package is not modified. No person or company may
charge a fee for the distribution of SOFTWARE without written
permission from the copyright holder. The SOFTWARE may not be
bundled or distributed with any other package without written
permission of the copyright holder.
5. OTHER RESTRICTIONS.
You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer the
licensed program, or any subset of the licensed program, except as
provided for in this agreement. Any such unauthorized use shall
result in immediate and automatic termination of this license and
may result in criminal and/or civil prosecution.
6. EXPORT CONTROL.
Licensee agrees to comply with all export laws and restrictions and
regulations of the United States or foreign agencies or authorities,
and not to export or re-export the Product or any direct product
thereof in violation of any such restrictions, laws or regulations,
or without all necessary approvals. As applicable, each party shall
obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to its own export of the Product from
the U.S. By installing or using the Product, Licensee agrees to the
foregoing and represents and warrants that it complies with these
conditions.
8. U.S. GOVERNMENT END-USERS.
The Product is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
1995), all U.S. Government End-Users acquire the Product with only
those rights set forth herein.
9. MISCELLANEOUS.
This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof, and may be amended only by a
writing signed by both parties. This Agreement shall be governed by
the laws of the State of California, U.S.A., excluding its conflict
of law provisions. All disputes relating to this Agreement are
subject to the exclusive jurisdiction of the courts of California
and you expressly consent to the exercise of personal jurisdiction
in the courts of California in connection with any such dispute
including any claim involving Gadwin Systems. This Agreement shall
not be governed by the United Nations Convention on Contracts for
the International Sale of Goods. If any provision in this Agreement
should be held illegal or unenforceable by a court of competent
jurisdiction, such provision shall be modified to the extent
necessary to render it enforceable without losing its intent, or
severed from this Agreement if no such modification is possible, and
other provisions of this Agreement shall remain in full force and
effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, shall not
waive such term or condition or any subsequent breach thereof. If
any dispute arises under this Agreement, the prevailing party shall
be reimbursed by the other party for any and all legal fees and
costs associated therewith
10. LICENSEE OUTSIDE THE U.S.
If Licensee is located outside the U.S., then the provisions of this
Section shall apply. Les parties aux presentes confirment leur
volonte que cette convention de meme que tous les documents y
compris tout avis qui s'y rattache, soient rediges en langue
anglaise. (translation: "The parties confirm that this Agreement and
all related documentation is and will be in the English language.")
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