Agreement
IBCharts END-USER LICENSE AGREEMENT
Copyright (C) 2005 IBCharts
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either as
an individual or a single entity) and IBCharts
("IBCharts") for the software product ("Software") identified
above, including any software, media, and accompanying on-line
or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE
LICENSE AGREEMENT.
This Software is owned by IBCharts or its suppliers and is
protected by copyright law and international copyright
treaty. Therefore, you must treat this Software like any
other copyrighted material (e.g., a book), except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes. Upon your acceptance of the terms and
conditions of the License Agreement, IBCharts grants
you for a limited time the right to use the Software in the
manner provided below.
You may transfer the Software and documentation on a
permanent basis provided you retain no copies and the
recipient agrees to the terms of the License Agreement.
Except as provided in the License Agreement, you may not
transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit or receive
the Software, media or documentation. You acknowledge that
the Software in source code form remains a confidential
trade secret of IBCharts and/or its suppliers and therefore
you agree not to modify the Software or attempt to reverse
engineer, decompile, or disassemble the Software, except and
only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
If you have purchased an upgrade version of the Software, it
constitutes a single product with the IBCharts software that
you upgraded. You may use or transfer the upgrade version
of the Software only in accordance with the License
Agreement.
ADDITIONAL LICENSE TERMS FOR IBCharts
IBCharts grants to you as an individual, a personal,
nonexclusive license to install and use the Software. You may
install a copy of the Software on a computer and freely move
the Software from one computer to another, provided that you
are the only individual using the Software. You may not
reproduce or distribute any IBCharts documentation without
IBCharts's permission.
LIMITED WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IBCharts
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL IBCharts OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (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 OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
IBCharts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as 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"). IBCharts
and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
GENERAL PROVISIONS
This License Agreement may only be modified by IBCharts.
All terms of any purchase order or other ordering
document shall be superseded by this License Agreement. If
any provision of the License Agreement is found void or
unenforceable, the remainder will remain valid and enforceable
according to its terms. If any remedy provided is determined
to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this License
Agreement shall remain in effect. IBCharts reserves all rights
not specifically granted in this License Agreement.
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