This end-user license agreement ("EULA") is a legal agreement between you (either an individual or a single entity), the end-user, and Bitplan. This EULA permits you to use a single copy, or multiples copies of the software product identified above, which includes computer software and may include associated media, printed materials, and on-line or electronic documentation. By installing, copying, or otherwise using the Bitplan software, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Bitplan software.
1.0 Grant of license Subject to the terms and conditions of this agreement, Bitplan grants to you a limited, non-exclusive, license to install, download, and use the software. The Bitplan software is licensed, not sold.
1.1 Demo version This version is provided as shareware, but only for personal, non-commercial use at home.
1.2 Registered version Standard license for single user license. A single person may use registered versionfor his or her exclusive use on multiple computers (up to 3) for non-commercial purposes. Business license for multiple user license. The business license authorizes the use of the PuttyColors in a corporate, government or business environment. A company or department may purchase a license for a subset of users as long as PuttyColors is installed on devices only accessible by licensed users.
1.3 Update subscription When you purchase license, you obtain a perpetual license for that version. The update subscription provides maintenance updates and upgrades for that license at a fraction of the cost of a new license. Your first year of update subscription is included with your purchase. When you purchase lifetime license, you can download and install all future maintenance updates and upgrades for free.
2.0 Restrictions You may not decompile, disassemble or otherwise reverse engineer the Bitplan software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Bitplan software. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based upon this software. You agree not to publicize or distribute any registration code algorithms, information, or registration codes used by this software without permission from Bitplan. You may not use the Bitplan software to engage in or allow others to engage in any illegal activity where the Bitplan software is accessed and used. You may not use the Bitplan software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
3.0 Registration and acceptance By installing, copying, accessing, downloading or using the Bitplan software (or authorizing any other person to do so) you are indicating that you are 18 years of age or older (any parent or guardian of a person under the age of 18 may accept this agreement on behalf of a user), are capable of entering into a binding legal agreement, have read and understand this agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this agreement, do not install, copy, access, download or use the Bitplan software.
4.0 Copyright This software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
5.0 Distribution Only the demo version of the Bitplan software may be distributed. Provided that you verify that you are distributing the demo version, you may distribute the Bitplan software on on-line services, bulletin boards, or other electronic media provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. The Bitplan software may not be distributed on cd-rom, disk, or other physical media for a fee without the permission of Bitplan.
6.0 Termination The license will terminate automatically and the Bitplan software will revert back to the demo version if you fail to comply with any of the above terms and conditions. The license may be terminated by either party at any time and without notice.
7.0 Disclaimer of warranties The Bitplan software and any third party software and services are provided "as is," with no warranties whatsoever. Bitplan and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non- infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the Bitplan software or service and such third party software or services. Bitplan does not warrant that the functions contained in the Bitplan software or service will meet your requirements, that the operation of the Bitplan software or service will be uninterrupted or error-free, or that defects in the Bitplan software or service will be corrected. Bitplan does not warrant or make any representations regarding the use or the results of the use of the Bitplan software or service in terms of their correctness, accuracy, reliability or otherwise. Bitplan does not represent or warrant that users will be able to access or use the Bitplan software at times or locations of their choosing, or that Bitplan will have adequate capacity for any user's requirements. No oral or written statement, information or advice given by Bitplan, or its respective employees, distributors, dealers, or agents shall create any warranties. You understand and agree that your download and/or use of the Bitplan software, and all third party software made available in conjunction with or through the Bitplan software or service, is at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Bitplan software or service and such third party software and services.
8.0 Limitation of liability Under no circumstances shall Bitplan, or its suppliers, resellers, partners or their respective affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the Bitplan software, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if any such party has been advised of the possibility of such damages). Without limiting the foregoing, the total aggregate liability of Bitplan, and its suppliers, resellers, partners and their respective affiliates arising from or related to this agreement shall not exceed the amount, if any, paid by you to Bitplan for the Bitplan software. If the Bitplan software is provided without charge, then Bitplan and its suppliers shall have no liability to you whatsoever. The foregoing limitations of liability shall apply whether the damages arise from use or misuse of and reliance on the Bitplan software, from inability to use the Bitplan software, to use, or from the interruption, suspension, or termination of the Bitplan software (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. The Bitplan software is not intended for use in connection with any nuclear, aviation, mass transit, or medical application or any other inherently dangerous application that could result in death, personal injury, catastrophic damage, or mass destruction, and licensee agrees that Bitplan will have no liability of any nature as a result of any such use of the Bitplan software.
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