Whirling Dervishes - NeoByte Solutions End User Software License Agreement for Alpha ZIP
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE
SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE
UNUSED SOFTWARE TO Whirling Dervishes - NeoByte Solutions WITHIN SIXTY (60) DAYS FOR A REFUND OF SUCH LICENSE FEE.
The Whirling Dervishes - NeoByte Solutions software product identified above (the "Software") is the property of
Whirling Dervishes - NeoByte Solutions or its licensers and is protected by copyright law. While Whirling Dervishes - NeoByte Solutions
continues to own the Software, you will have certain rights to use the Software after your
acceptance of this license.
The term "Permitted Number of Computers" means the number of computers covered by the license
purchased for the Software from Whirling Dervishes - NeoByte Solutions. If you have any questions regarding this
number and/or your license, refer to the Whirling Dervishes - NeoByte Solutions Customer Contact section at the end
of this document.
Except as may be modified by a license addendum which accompanies this license, your rights and
obligations with respect to the use of this Software are as follows:
(i) use one copy of the Software on up to the Permitted Number of Computers;
(ii) make one backup copy of the Software, provided your backup copy is not installed or used
on any computer;
(iii) use the Software on a network, provided that the number of computers that can access the
Software over that network does not exceed the Permitted Number of Computers;
(iv) after written notice to Whirling Dervishes - NeoByte Solutions, transfer the Software on a permanent basis to
another person or entity, provided that you retain no copies of the Software and the transferee
agrees to the terms of this agreement; and
(v) if a single person uses the computer on which the Software is installed at least 80% of the
time, then that person may also use the Software on a single home computer.
YOU MAY NOT:
(i) copy the documentation which accompanies the Software, for any use other than help with the legal use of the software;
(ii) sublicense, rent or lease any portion of the Software;
(iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover
the source code of the Software, or create derivative works from the Software; or
(iv) use a previous version or copy of the Software after you have received a disk replacement
set or an upgraded version as a replacement of the prior version, unless you donate a previous
version of an upgraded version to a charity of your choice, and such charity agrees in writing
that it will be the sole end user of the product, and that it will abide by the terms of this
agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the
Software, all copies of the prior version must be destroyed.
This Agreement is effective for an unlimited duration unless and until earlier terminated as
set forth herein. This Agreement will terminate automatically if you fail to comply with any of
the limitations or other requirements described herein. Upon any termination or expiration of
this Agreement, you must destroy all copies of the Software. You may terminate this Agreement
at any point by destroying all copies of the Software.
A minor revision or upgrade is any new release of the Software having the same major version
number and a different minor or build version number. You are entitled to download an unlimited
number of minor revisions or upgrades to the Software when and as Whirling Dervishes - NeoByte Solutions publishes
it via its website or through other online services (i.e. if you purchase version 4.0 of the
Software, you are entitled to download all 4.x versions of the Software; you have no further
rights to receive version 5.0 of the Software without purchase of a new license).
The Software is protected by Belgian copyright laws and international treaty provisions.
Whirling Dervishes - NeoByte Solutions or its licensers own and retain all right, title and interest in and to the
Software, including all copyrights, patents, trade secret rights, trademarks and other
intellectual property rights therein. Your possession, installation, or use of the Software
does not transfer to you any title to the intellectual property in the Software, and you will
not acquire any rights to the Software except as expressly set forth in this Agreement. All
copies of the Software made hereunder must contain the same proprietary notices that appear on
and in the Software.
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Whirling Dervishes - NeoByte Solutions DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR
SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF,
AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, Whirling Dervishes - NeoByte Solutions MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The foregoing provisions shall be enforceable to the maximum extent permitted by applicable
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
SHALL Whirling Dervishes - NeoByte Solutions OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL Whirling Dervishes - NeoByte Solutions BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE LIST PRICE Whirling Dervishes - NeoByte Solutions CHARGES FOR A LICENSE TO THE SOFTWARE,
EVEN IF Whirling Dervishes - NeoByte Solutions SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to
the maximum extent permitted by applicable law.
HIGH RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed or intended for use in hazardous
environments requiring fail-safe performance, including without limitation, in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons
systems, direct life- support machines, or any other application in which the failure of the
Software could lead directly to death, personal injury, or severe physical or property damage
(collectively, "High Risk Activities"). Whirling Dervishes - NeoByte Solutions expressly disclaims any express or
implied warranty of fitness for High Risk Activities.
This Agreement is governed by the laws of Belgium. Any action or proceeding brought by anyone
arising out of or related to these terms and conditions shall be brought only in a court of
competent jurisdiction located in Kortrijk, Belgium, and the parties hereby consent to the
jurisdiction and venue of said court. This Agreement sets forth all rights for the user of the
Software and is the entire agreement between the parties. This Agreement supersedes any other
communications with respect to the Software. This Agreement may not be modified except by a
written addendum issued by a duly authorized representative of Whirling Dervishes - NeoByte Solutions. No provision
hereof shall be deemed waived unless such waiver shall be in writing and signed by Whirling Dervishes - NeoByte Solutions or a duly authorized representative of Whirling Dervishes - NeoByte Solutions. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in full force and
effect. The parties confirm that it is their wish that this Agreement has been written in the
English language only.
Whirling Dervishes - NeoByte Solutions CUSTOMER CONTACT:
If you have any questions concerning these terms and conditions, or if you would like to
contact Whirling Dervishes - NeoByte Solutions for any other reason, please go to the following web site: