Abykus CE (Commercial Edition) - Single User License Agreement
You ("the Licensee") should carefully read the terms and conditions of this software license agreement ("this Agreement") before downloading or otherwise using the COMMERCIAL EDITION of Abykus and the accompanying files and documents ("this Software"). IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD THIS SOFTWARE. Downloading or otherwise using this Software, indicates you have read this Agreement and agree to be legally bound by its terms and conditions.
Ownership. This Software is licensed and not sold. The author and copyright holder ("the Licensor") retains full ownership of this Software and reserves any rights not expressly granted to the Licensee. The Licensee acquires only the right to use this Software on a single computer and does not acquire any rights, express or implied, in this Software other than those specified in this Agreement.
Grant of Single-User License. BY DOWNLOADING THIS SOFTWARE FROM WWW.ABYKUS.COM, the Licensor hereby grants to the Licensee a revocable, nonexclusive and nontransferable license to use this Software on a single computer. THE LICENSEE IS THE ONLY PERSON ENTITLED TO USE THIS SOFTWARE. If you (the Licensee) fail to comply with any provision of this Agreement, your rights to use this Software automatically terminate. In such event, the Licensee must delete and/or destroy all copies of this Software.
The Licensee is permitted to:
- install this Software on a single computer;
- use this Software for any purpose, commercial or otherwise, provided the Licensee has fully tested this Software and determined it fit for that particular purpose;
- make one (1) archival copy of this Software.
The Licensee is NOT permitted to:
- share or make any portion of this Software available to unlicensed users;
- install this Software on a storage device or network that makes it possible to share or use this Software concurrently on different computers;
- distribute this Software in any form;
- charge, lease, rent, sell, or receive payment in any form for copies of this Software;
- modify, de-compile, disassemble, or reverse engineer this Software;
- create derivative works based on this Software;
- combine this Software with any other product.
THIS SOFTWARE IS LICENSED "AS IS" WITH NO SUPPORT AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER. THE LICENSEE MUST ASSUME THE ENTIRE RISK: 1) OF USING THIS PRODUCT; 2) OF ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS OR INFORMATION) RESULTING FROM ITS USE; 3) FOR ITS FITNESS FOR ANY PARTICULAR PURPOSE; 4) OF DAMAGES RESULTING FROM MODIFICATIONS AND OR VIRUSES MADE OR CAUSED BY OTHERS; AND 5) FOR ANY LIABILITY OR DAMAGES WITH RESPECT TO ANY CLAIM BY ANY THIRD PARTY ARISING FROM THE USE OF THIS SOFTWARE. UNDER NO CIRCUMSTANCE WILL LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE OF THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF CLAIM.
This agreement shall be governed by the laws of the State of Colorado. Any action or proceeding brought by either party against the other, arising out of or related to this Agreement, shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in the State of Colorado. The parties hereby consent to in personam jurisdiction of said courts.