Software Product License For SidesWipe:
This clonestarsoftware.com(CSS) End-User License Agreement ("EULA") is a legal agreement between you ("you") and CSS for the software product ("Software") mentioned above. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS."
1. GRANT OF LICENSE: This EULA grants you the following rights:
· Installation and Use: You may install and use an unlimited number of copies of the Software. Any copies of the
Software which this License authorizes you to make are subject to this EULA.
· Reproduction and Distribution: You may not reproduce and distribute copies of the Software without the express
written consent of CSS.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
· Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not 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.
· Support Services: CSS will not provide you with support services ("Support Services") related to the Software.
· Software Transfer: You may permanently transfer all of your rights under this EULA, provided the recipient agrees
to the terms of this EULA.
· Termination: Without prejudice to any other rights of CSS's, your rights under this EULA will terminate
automatically without notice from CSS if you fail to comply with any term(s) of this EULA. In such event you must
destroy all copies of the Software and any related materials.
3. COPYRIGHT: All right, title and interest in and to the Software (including the copyrights in the Software and
including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets"
incorporated into the Software), the accompanying printed materials (if any), and any copies of the Software are
owned by CSS. The Software is protected by copyright laws and international treaty provisions. Except as permitted by
applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from
the Software.
4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole
risk. The Software is provided "AS IS" and without warranty of any kind and CSS EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. CSS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. FURTHERMORE, CSS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY CSS OR AN AUTHORIZED REPRESENTATIVE OF CSS'S SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CSS OR AN AUTHORIZED
REPRESENTATIVE OF CSS'S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK
ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CSS OR ITS SUPPLIERS BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, 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 OR RELATING
TO THIS LICENSE, EVEN IF CSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CSS'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. THE ENTIRE RISK
ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
6. Fault Tolerance. 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 the operation of nuclear facilities, aircraft navigation or communications
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").
CSS specifically disclaims any express or implied warranty of fitness for High Risk Activities.
7. Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United
States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without
limitation, none of the Software may be used or otherwise exported or re-exported (i) into (or to a national or
resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you
represent and warrant that you are not located in, under control of, or a national or resident of any such country or
on any such list.
8. Government End Users. If the Software is supplied to the United States Government, the Software is classified as
"restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to
the Software are as provided in clause 52.227-19 of the FAR.
9. MISCELLANEOUS: If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, tobe unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the
entire agreement between the parties with respect to the use of the Software and supersedes all prior or
contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be
binding unless in writing and signed by CSS.