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EULA - End User License Agreement



PowerArchiver 2011 Version 12.00 End-User License
Copyright(c) 1998-2011 ConeXware, Inc.
All Rights Reserved
Usage of this software requires compliance with this license. If you do
not agree to the following terms, please do not use, install, or
distribute this software.

1.0 Definitions.

1.1 For the purpose of this Agreement, "Software" shall mean the
software identified above, including but not limited to any updates,
modifications, revisions, copies, and associated documentation
provided by ConeXware, Inc. and its licensors.
2.0 Grant of License.

2.1 Evaluation Terms and Conditions. You may use this Software solely
for evaluation purposes without charge for a period of thirty (30)
days. You are free to distribute exact copies of the Software to
anyone. You are prohibited from selling, or requesting donations,
for any copies of the Software you distribute. You must include a
copy of this license with any copy of the Software. You may not
remove or alter any identification, proprietary notice, label, or
trademarks which appear on or in the Software.

2.2 Full License Terms and Conditions. Continued use of the Software
after the thirty (30) day evaulation period requires purchase of a
full license. If you have not paid the registration fee, you may do
so by visiting http://www.conexware.com on the Internet. After you
have registered, you may personally use the Software on one or more
computers, or allow multiple persons to nonsimultaneously use the
Software on a single computer, but not both. This is not
a concurrent use license. If the Software is installed on a network
server and accessed by multiple workstations, you must purchase
a license for each computer on which the Software is used. You may
not provide third parties access to the Software in connection with
a service bureau, application service provider, or similar business,
or use the Software in a business to provide file compression,
decompression, or conversion services to third parties.

2.3 The Software includes the ability to create self-extracting
archives. These self-extracting archives may be freely distributed,
without royalty, to anyone. The self-extracting archives contain,
among other things, indentifying information and proprietary notices.
You may not remove or alter any identification, proprietary notice,
label, or trademarks which appear on or in these self-extracting
archives, nor give anyone permission to do so.

2.4 All rights of any kind in the Software which are not expressly
granted in this license are entirely and exclusively reserved to and
by ConeXware, Inc. and its licensors.
3.0 Restrictions.

3.1 The information contained in the Software is confidential and
proprietary to ConeXware, Inc. and its licensors, and ConeXware, Inc.
and its licensors retain title to all copyright, patent, trademark,
trade secrets, and other proprietary rights embodied in or related to
the Software.

3.2 THE SOFTWARE CANNOT BE MODIFIED. YOU MAY NOT DECOMPILE,
DISASSEMBLE OR OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE
SOFTWARE; EXCEPT AND ONLY TO THE EXTENT PERMITTED APPLICABLE LAW
NOTWITHSTANDING THIS LIMITATION.
4.0 Term.

4.1 This license is effective until terminated. Failure to comply with
any provision provided in this Agreement or the use of the Software in
a way not authorized or permitted under this Agreement will result in
an automatic termination of this license. You agree upon such
termination to destroy or dispose of the Software.

4.2 Paragraph 2.4 and Sections 3.0, 5.0, 6.0, and 7.0, including all
paragraphs therein, shall survive termination this Agreement. All
other rights and obligations of the Parties shall cease upon
termination.
5.0 Upgrades, Maintenance and Support.

5.1 During the term of this Agreement, ConeXware, Inc. is under no
obligation to provide upgrades, maintenance, or installation for the
Software. ConeXware, Inc. may provide support for the Software as
governed by the documentation, and other ConeXware, Inc. materials
related to and included with the Software. ConeXware, Inc. reserves
the right to revoke or modify support provided for the Software at
any time, for any or no reason.
6.0 Limited Warranty and Remedies.

6.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CONEXWARE, INC.
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THAT IT WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

6.2 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR A
REPRESENTATION BY CONEXWARE, INC. THAT THE SOFTWARE WILL BE FREE
FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY. CONEXWARE, INC. HEREBY EXPRESSLY DISCLAIMS AND SHALL NOT BE
RESPONSIBLE FOR ANY LIABILITY ARISING AS A RESULT OF OR IN
CONNECTION WITH ANY CLAIM OR SUIT ALLEGING THAT THE DISTRIBUTION OR
USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY.

6.3 IN NO EVENT WILL CONEXWARE, INC., OR ITS LICENSORS BE LIABLE
FOR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNDER
ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR NOT CONEXWARE, INC.,
OR ITS LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. IN ANY EVENT,
CONEXWARE, INC.'S, OR ITS LICENSORS' LIABILITY ARISING OUT OF THIS
AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF GOODS OR
SERVICES HEREUNDER WILL BE LIMITED TO THE GREATER OF U.S. $1.00 OR
THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.

6.4 Some states do not allow the limitation or exclusion of incidental
or consequential damages, so the above limitations or exclusions may
not apply to you.

6.5 This warranty gives you specific legal rights, and you may also
have other rights which vary from state to state.
7.0 General.

7.1 You agree to obtain any necessary export license or other
documentation prior to exportation of the Software and you shall not
export the Software or the direct product thereof in violation of the
U.S. or other countries' export control laws.

7.2 This Agreement will be governed by the laws of the State of
California. You agree to submit to the exclusive jurisdiction of the
courts in the State of California for the resolution of any dispute or
claim arising out of or relating to this Agreement.

7.3 The prevailing party in any legal action arising out of this
Agreement shall be entitled to reimbursement for its expenses,
including court costs and reasonable attorneys' fees, in addition to
any other rights and remedies such party may have.

7.4 BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT RELATED TO THE SUBJECT MATTER HEREOF,
SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN YOU AND CONEXWARE, INC. RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.



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Downloads: 277
Updated At: 2024-04-23
Publisher: Conexware, Inc
Operating System: windows
License Type: Free