Freeware License Agreement
ATTENTION: READ CAREFULLY: By using, copying, or distributing the accompanying software you indicate your acceptance of the following Carthago Software Binary Freeware License Agreement ("Agreement").
1. LICENSE. Carthago Software hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use its software product and accompanying documentation (the program's object code and documentation are collectively referred to as the "Software") on the following terms. You may:
2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions:
3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients.
4. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Carthago Software. The Software is protected by the copyright laws of the United States and international copyright treaties.
5. NO Carthago Software OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Carthago Software shall have no liability, obligation or responsibility therefore. Carthago Software shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software.
6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. CARTHAGO SOFTWARE PROVIDES THE SOFTWARE "AS IS," AND CARTHAGO SOFTWARE, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEE'S. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEE'S (AND NOT CARTHAGO SOFTWARE) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CARTHAGO SOFTWARE MAKES NO WARRANTY OF NON INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CARTHAGO SOFTWARE, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF CARTHAGO SOFTWARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
8. INDEMNIFICATION. You and your distributee's shall defend, indemnify and hold harmless Carthago Software, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software.
9. TERMINATION. The license granted hereunder is effective until terminated by Carthago Software. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributee's who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement.
11. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. This Agreement shall be governed by and construed under MYSTATE law as such law applies to agreements between MYSTATE residents entered into and to be
12. If in doubt, contact Carthago Software directly via it's web site