Software Product: DEM2TOPO
Version: ALL (currently 3.2)
Licenses: 1 (one)
IMPORTANT - PLEASE READ CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SOFTWARE DEVELOPER FOR THE SOFTWARE PRODUCT.
BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PRODUCT.
END USER LICENSE AGREEMENT
Brad Gom (the "Author") hereby grants to you a non-exclusive license (the "License") to use the
software product identified above (the "Software") and the accompanying electronic
documentation (the "Documentation") on the terms set forth below.
1. GRANT OF LICENSE.
This License grants you the following rights.
The Software is available free of charge for non-commercial applications only. If the program saves
you time or money, the Author expects to recieve a royalty in the beer of his choice. Commercial
use of DEM2TOPO or of maps produced by DEM2TOPO is forbidden.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2.1 Third Party's Intellectual Properties.
IT IS EXPRESSLY FORBIDDEN TO USE THE SOFTWARE OR SOURCE CODE FOR ILLEGAL PURPOSES, INCLUDING
VIOLATION OF ANY INTELLECTUAL PROPERTIES FOR DIGITAL DATA OF THIRD PARTIES.
2.2 Reverse Engineering.
You may not modify, reverse engineer, decompile, disassemble (except to the extent applicable
laws specifically prohibit such restrictions) or create derivative works based on the Software,
or any portion thereof.
You may not copy the Software or Documentation except as specifically provided by this
2.4 Separation of Components.
The Software is licensed as a single product. You may not separate the Software's component
parts for use on more than one computer.
You may not rent or lease the Software, Source Code or Documentation.
2.6 Proprietary Notices.
You may not remove any proprietary notices, labels or marks on the Software or Documentation.
2.7 Use of Logos and Trademarks.
You may not use the Author's name, logos, or trademarks in any manner including, without
limitation, in your advertising or marketing materials, except as is necessary to affix the
appropriate copyright notices as required herein.
2.8 Source Code.
The source code is not freely available at this time.
Title, ownership rights, and intellectual property rights in and to the Software, Source Code
and Documentation shall remain in the Author and/or its suppliers. The Software, Source Code
and Documentation is protected by the copyright laws of Canada and the
international copyright treaties.
This is free software. You are hereby granted a non-exclusive, royalty-free license to
reproduce and distribute the evaluation software provided and kept in its original form and
(a) except as required herein, do not use the Author's name, logo, or trademarks to market any
software application product that incorporates the software;
(b) include the Author's copyright notice for the software (portions "Copyright (c) Brad Gom.
All rights reserved.") on the product CD, disk label and/or on the title page of the
documentation for any software application product that incorporates the Redistributables;
(c) agree to indemnify, hold harmless, and defend the Author from and against any claims or
lawsuits, including attorneys fees, that arise or result from the use or distribution of any
software application product that incorporates the Redistributables.
Distribution of any Software code, other than the Redistributables, is specifically
prohibited unless it is agreed with the Author.
The License is in effect until terminated. The License will terminate automatically if you fail
to comply with the limitations described herein. On termination, you must destroy all copies of
the Software and Documentation.
This Agreement represents the complete agreement concerning this License between the parties
and supersedes all prior agreements and representations between them. This Agreement may be
amended only in writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable and the remainder of
this Agreement shall nonetheless remain in full force and effect.
7. LIMITED WARRANTY.
THE SOFTWARE AND SOURCE CODE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE
AUTHOR OR HIS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DATA LOSS, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF THE AUTHOR'S LIST
PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF THE AUTHOR SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO
THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
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