END USER LICENSE AGREEMENT
NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE FILES FROM YOUR COMPUTER AND INFORM THE ONLINE STORE IN WRITING THAT YOU WOULD LIKE A FULL REFUND. A FULL REFUND WILL ONLY BE ISSUED IF YOU SUBMIT YOUR CLAIM IN WRITING AND IT IS PROCESSED BEFORE YOU ARE ISSUED A UNIQUE USER IDENTIFICATION NUMBER FOR THE SOFTWARE.
1. License Grant. Pawel Glowacki grants to you (either as an individual or entity) a personal, non-transferable, and non-exclusive right to use the copy of the object code version of the SOFTWARE provided with this license. The term of this agreement will be for the duration of Pawel Glowacki's copyright in the SOFTWARE. You agree that you may copy the SOFTWARE as necessary to use it on a single computer system. You agree that you may not copy the written materials accompanying the SOFTWARE. You may assign your rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment and provided that you transfer all copies of the SOFTWARE and related documentation to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement.
2. Copyright. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Pawel Glowacki or its suppliers, and you will not acquire any rights to the SOFTWARE except as expressly set forth above. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
3. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
4. Limited Warranty. Pawel Glowacki warrants that the SOFTWARE will perform substantially in accordance with the accompanying documentation and that the documentation and diskettes are free from any physical defects for a period of ninety (90) days from the date of purchase ("Limited Warranty"). EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Pawel Glowacki MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 90 DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
5. Customer Remedies. Pawel Glowacki's entire liability and your sole and exclusive remedy shall be, at Pawel Glowacki's option, either to (a) correct the error, (b) help you work around or avoid the error or (c) authorize a refund, so long as the SOFTWARE, documentation and diskettes are returned to Pawel Glowacki with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period.
6. Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
7. No Liability for Consequential Damages. IN NO EVENT SHALL Pawel Glowacki BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE Pawel Glowacki SOFTWARE, EVEN IF Pawel Glowacki HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Pawel Glowacki'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU.
Should you have any questions concerning this Agreement, or if you desire to contact Pawel Glowacki for any reason, please write: Pawel Glowacki,