EzParaPerf End User License Agreement

1. License Definitions:

A. "Licensers" is defined to be the developers Robert T. McLay and Victor J. Parr.

B. "Materials" are defined as the software, documentation, license key codes and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement.

2. License Grant:

A. Subject to all of the terms and conditions of this Agreement, the Licensers grant to you a non-exclusive, non-assignable, copyright license to use the Materials.

3. License Restrictions:

A. You may copy or backup the Materials, but you may not provide a copy of the Materials to another user.

B. You may NOT:

(1) use or copy the Materials except as provided in this Agreement;

(2) rent or lease the Materials to any third party;

(3) redistribute this software;

(4) assign this Agreement or transfer the Materials without the express written consent of the Licensers;

(5) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement;

(6) reverse engineer, decompile, or disassemble the Materials;

(7) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials.

C. The duration (time period) of your license depends on the type of license you purchased. The variety of license types are set forth below.

(1) TIME-LIMITED SINGLE-USER LICENSE: If you are using the Materials under the control of a Time-Limited Single-User license, you as an individual may install and use the Materials on an unlimited number of computers provided that you are the only individual using the Materials. The Licensers will provide you with a license code key that enables the Materials for a Single-User license. The duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials.

(2) TIME-LIMITED NODE-LOCKED LICENSE: If you are using the Materials under the control of a Time-Limited Node-Locked license, the Materials may be used only on a single designated computer by any number of users. The duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials.

(3) ARCHITECTURE-LIMITED LICENSE: This type of license is not time-limited, or node-locked, but its use is restricted to a particular machine type.

4. Copyright:

Title to the Materials and all copies thereof remain with the Licensers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials.

5. No Warranty and Limited Replacement:

The materials and information are provided "as is" with no warranties, express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights, or any warrant.

6. Limitation of Liability:

The above replacement provision is the only warranty of any kind. The Licensers offer no other warranty either express or implied including those of merchantability, noninfringement of third-party intellectual property or fitness for a particular purpose. Neither the Licensers nor its suppliers shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other loss) arising out of the use of or inability to use the software, even if the Licensers have been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

7. Unauthorized use:

The materials are not designed, intended, or authorized for use in any type of system or application in which the failure of the materials could create a situation where personal injury or death may occur (e.g medical systems, life sustainting or life saving systems). Should the buyer purchase or use the Materials for any such unintended or unauthorized use, the buyer shall indemnify and hold the Licensers harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that the Licensers were negligent regarding the design or manufacture of the part.

8. Termination of this License:

This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. If you are using the Materials under the control of a time-limited license, this Agreement terminates without notice on the last day of the time period, which is controlled by the license key code for the Materials.  The Licensers may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately return to the Licensers or destroy the Materials and all copies thereof.