YOU ARE OBLIGED TO READ THE TERMS OF THE AGREEMENT ("AGREEMENT") BEFORE OPENING OR USING THE SOFTWARE. BY OPENING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THE AGREEMENT.
1. LICENCE. Subject to the terms and conditions of this Agreement, the Author grants you a limited, non-exclusive, non-transferable licence for the internal use only of the accompanying software, including program, documentation, licence key, or other associated files, and any updates as may be supplied at the sole discretion of the Author (the "Software") solely for use by you as a logical analysis and editing tool. This licence is granted provided you have validly obtained an appropriate licence key (which is separate from this Agreement) from the Author. The licence key may indicate that use of the Software is restricted to a particular purpose, a particular period of time, a particular user, or in other ways. You agree to abide by any such restrictions. Licence keys must not be redistributed or made available to third parties.
2. RESTRICTIONS. The Software is confidential and protected by copyright and other intellectual property laws. All intellectual property rights in and to the Software are retained by the Author. The Software may include third party library code which remains the property of its respective owners. Such code is provided only for use as part of the Software. A licence to use such code for any other purpose must be obtained from its owners. Except as specifically authorised you may not make copies of the Software, other than for archival or backup purposes. You may not, unless otherwise provided by applicable law, modify, decompile, or reverse engineer the Software. The Author disclaims any express or implied warranty of fitness for use or purpose. No right, title or interest in or to any copyright, trademark, service mark, logo, trade name or other intellectual property right of the Author or any third party is granted under the Agreement. You shall not sell, sublicense, assign, distribute, grant rights, or otherwise transfer the Software or make it available to others. You agree not to modify the Software or create derivative works from the Software.
3. LIMITED WARRANTY. The Author warrants that for a period of ninety (90) days the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Software is provided "AS IS." Your exclusive remedy and the Author's entire liability under this limited warranty will be at the Author's option to replace Software media or refund any fee paid for the Software and you accept all responsibility and risk in relation to use of or inability to use the Software, including any third party library code.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Termination. Either party may terminate this Agreement at any time. This Agreement will terminate immediately if you fail to comply with any provision of this Agreement. Upon Termination, you must discontinue use of the Software and destroy all copies of the Software.
7. Governing Law. Any action related to this Agreement will be governed by Irish law and subject to the jurisdiction of the courts of Ireland.
8. Severability. If any provision, or part thereof, of this Agreement is held to be unenforceable, this Agreement, and the remaining parts of such section, will remain in effect with the provision, or part thereof, omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
9. Integration. This Agreement is the entire agreement between you and the Author relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties. No modification of this Agreement will be binding, unless in writing and signed by the Author.