End User License Agreement

EULA

This agreement governs your use of BitResQ goods and is between you, the end-user, and BitResQ Software, the program's creator ("BitResQ") ("Software"). You agree to be bound by the terms of this agreement by installing the Software.


1. LICENSE GRANTED

Unless you have bought a commercial/technician license from BitResQ, BitResQ now gives you (an individual) the revocable, personal, non-exclusive, and non-transferable right to install and activate the Software on two different computers exclusively for your personal and non-commercial use. This license prohibits you from sharing this Software with others or enabling others to see its contents. Unless you have previously bought at least a multi-user license from BitResQ, you may not make the Software accessible on a network or in any manner distribute the Software to multiple users.


2. COPYRIGHT

BitResQ owns the software, which is protected by copyright laws and international treaties. Any proprietary notices, labels, or markings on the Software may not be removed or hidden.


3. USE RESTRICTIONS

You may not reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Software, nor may you permit others to do so; you may not modify, distribute, or create derivative works of the Software; and you may not copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease, or otherwise exploit the Software.


4. COVER CD.

BitResQ Software (evaluation copy only) may be reproduced and distributed on different Cover CDs issued by affiliated periodicals. BitResQ Software, on the other hand, requires a copy of the magazine along with a CD.


5. TERM

This License will remain in force until it is terminated. You may end the agreement at any time by destroying the Software and all copies of it. If you fail to comply with any term or condition of this Agreement, this License will also be terminated. You agree to destroy the Software, as well as any copies of it, upon such termination.


6. NO OTHER WARRANTIES.

The software is not guaranteed to be error-free by BitResQ software. BitResQ software expressly disclaims all other warranties, express or implied, concerning the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement of third party rights. These limitations or exclusions may not apply to you because some countries do not allow the exclusion or limitation of implied warranties, or the exclusion or limitation of incidental or consequential damages. You have certain legal rights under this guarantee, and you may also have additional rights that differ by jurisdiction.


7. SEVERABILITY.

If any provision of this agreement is found to be invalid, the parties agree that the legality of the other parts of this license will not be affected.


8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

BitResQ software and its suppliers shall not be liable to you for any consequential, special, incidental, or indirect damages of any kind arising from the delivery, performance, or use of the software, even if BitResQ software has been advised of the possibility of such damages. BitResQ software's liability for any claim, whether in contract, tort, or any other theory of liability, will in no event exceed your license fee if any.

The acknowledgment you acknowledge that you have read and understood the foregoing and that you agree to be bound by its terms and conditions by installing the software. You also agree that this agreement is the complete and exclusive statement of the agreement between the parties and that it supersedes all proposed or prior agreements, written or oral, and any other communications between the parties relating to the license described herein.