LICENSE AGREEMENT FOR ETAR SOFTWARE

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

BY DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1.THE COPYRIGHTS IN THIS SOFTWARE AND ANY RELATED SOURCE CODE OR FILES DISTRIBUTED WITH THE SOFTWARE BELONG TO MAKARIEL INC. ALL RIGHTS ARE RESERVED. INSTALLATION OF THIS SOFTWARE IS LICENSED ONLY IN ACCORDANCE WITH THESE TERMS.


2.YOU ARE GRANTED A NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE AND TO USE THE DOCUMENTATION UNDER THE TERMS STATED IN THIS AGREEMENT;


3.USES AND RESTRICTIONS
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART THIS SOFTWARE OR ANY OF ITS RELATED DOCUMENTATION; REPRODUCE, REVERSE ENGINEER, DECOMPILE, MODIFY, NOR TAMPER WITH THIS SOFTWARE OR ANY PORTION OF THE SOFTWARE; RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.


4.LIMITATION OF LIABILITY
A.YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, MAKARIEL INC. SHALL NOT BE LIABLE TO YOU FOR:
 PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF MAKARIEL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B.THE DISTRIBUTION OF THIS SOFTWARE CONVEYS NO PROPRIETARY RIGHTS IN THIS SOFTWARE TO YOU.
C. BECAUSE COMPUTER SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS, IT IS YOUR RESPONSIBILITY TO VERIFY YOUR WORK AND TO MAKE BACKUP COPIES, AND MAKARIEL INC. WILL NOT BE RESPONSIBLE FOR YOUR FAILURE TO DO SO.
D. THE SOFTWARE SHALL BE USED BY YOU AT YOUR OWN RISK. MAKARIEL INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

5.DISCLAIMER OF WARANTIES
THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED EXCEPT AS REQUIRED BY LAW. IF YOU INTEND TO RELY ON THIS SOFTWARE FOR CRITICAL PURPOSES YOU MUST TEST IT FULLY PRIOR TO USING IT, INSTALL REDUNDANT SYSTEMS AND ASSUME ANY RISK.

 

6.TERMINATION
THIS LICENSE IS EFFECTIVE UNTIL TERMINATED BY EITHER YOU OR MAKARIEL INC.. CUSTOMER MAY TERMINATE THIS LICENSE AT ANY TIME BY DESTROYING ALL COPIES OF SOFTWARE INCLUDING ANY DOCUMENTATION. THIS LICENSE WILL TERMINATE IMMEDIATELY WITHOUT NOTICE FROM MAKARIEL INC. IF CUSTOMER FAILS TO COMPLY WITH ANY PROVISION OF THIS LICENSE. UPON TERMINATION, CUSTOMER MUST DESTROY ALL COPIES, FULL OR PARTIAL, OF THIS SOFTWARE.