DECIDE SOFTWARE END-USER NON-COMMERCIAL USE-ONLY LICENCE AGREEMENT
BY USING THE DECIDE FILES, 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 BETWEEN CHRISTOPHE DAVID (THE AUTHOR) AND YOU, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AS END USER AND ANY SUBSEQUENT END-USER, AND THE AUTHOR. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE DECIDE PROGRAMS AND YOU MUST REMOVE THEM FROM YOUR COMPUTER.
This is a licence agreement and not an agreement for sale.
The author hereby licences this version of the DECIDE programs (the "Software") to the original end-user and any subsequent transferee of the Software SOLELY FOR NON-COMMERCIAL USE and for use only on the terms set forth in this Agreement.
The term "non-commercial use" means that the product
DECIDE may NOT be distributed for ANY fee, or as part of a shareware collection via a web or ftp server, bulletin board or cd-rom.
THE SOFTWARE MAY CONTAIN A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER A CERTAIN DATE.
GRANT OF LICENCE :
The author grants you a non-exclusive licence to put in use solely for non-commercial purposes by a person or organisation that agrees to be bound by the terms of this Agreement one copy of the Software, provided that
The Software is 'in use' on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disc, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use."
All rights, title and interest in the Software, the accompanying documentation (the 'Documentation') and related trademarks, trade names and other intellectual property rights are owned by the author or his suppliers and the Software and Documentation are protected by copyright laws and international treaty provisions. Therefore, you must treat the Software and Documentation like any other copyrighted material (e.g., a book or musical recording) except that in addition to the number of copies you are permitted to put in use, you may make one copy of the Software solely for backup or archival purposes. Such copy shall include the author's copyright and other proprietary notices. You may not copy the Documentation.
OTHER RESTRICTIONS :
MUTLI-DISKS DISTRIBUTION :
If the Software package contains several diskettes and/or CD's, you may use only the disks appropriate to your computer. You may not use the other disks on another computer or loan, rent, lease, or transfer them to another user except as permitted under this Agreement or as part of the permanent transfer (as provided above) of all Software and Documentation.
This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. You agree upon termination to promptly destroy all of the Software and Documentation in your possession together with all copies, modifications and merged portions in any form.
THE SOFTWARE IS PROVIDED FOR NON-COMMERCIAL USE ONLY, COMES WITH NO WARRANTY, AND IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR PRODUCED BY THE SOFTWARE. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE AUTHOR's CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE EFFECTIVELY PAID FOR THE LICENCE. IN NO EVENT SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXPORT LAW :
Export of the Software may be subject to compliance with the rules and regulations which restrict the export and re-export of certain products and technical data. If the export of the Software is controlled under such rules and regulations, then the Software shall not be exported or re-exported, directly or indirectly without all export or re-export licences and governmental approvals required by any applicable laws, or in violation of any applicable prohibition against the export or re-export of any part of the Software.
This Agreement will be governed by the laws of Belgium and you consent to the jurisdiction and venue of the courts of Belgium. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys fees and expenses of litigation.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
The failure of either party to enforce any rights granted here or to take action against the other party in the event of any breach shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.