|COPYRIGHT NOTICE AND TRIAL SOFTWARE LICENSE
Please read this license carefully before using this Trial Software. By using this Trial Software, you agree to become bound by the terms of this license. If you do not agree to the terms of this license, decline use of this Trial Software.You are interested in receiving from David Glenn Rinehart the David Glenn Rinehart Trial Software ("Trial Software") and you agree to use the Trial Software solely in accordance with the terms of this License. Please be aware that this Trial Software may be programmed to cease functioning on a certain date.
- License Grant. This Trial Software is licensed, not sold, to you by David Glenn Rinehart for use only under the terms of this License, and David Glenn Rinehart reserves any rights not expressly granted to you. Subject to all the terms and conditions of this License, David Glenn Rinehart grants you a nonexclusive, nontransferable license to use the Trial Software on a single computer. To "use" the Trial Software means that the Trial Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the temporary "cache" memory of a computer (i.e., hard disk, RAM disk, etc.). You must never alter or delete any copyright or other proprietary notices that were on the original copy supplied by David Glenn Rinehart.
- Restrictions. The Trial Software contains trade secrets in its human perceivable form and, to protect them, you may not reverse engineer, decompile, disassemble or otherwise reduce the Trial Software to any human perceivable form. you many not modify, adapt, translate, rent, lease, loan, resell for profit or create derivative works based upon the Trial Software or any part thereof.
- Termination. This License is effective until terminated. This License will terminate immediately without notice from David Glenn Rinehart or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Trial Software, any accompanying written materials and all copies thereof, and Sections 2, 4, 5, 6 and 7 will survive any termination.
- Export Law Assurances. You may not use or otherwise export or reexport the Trial Software except as authorized by United States laws and the laws of the jurisdiction in which the Trial Software was obtained. In particular, but without limitation, the Trial Software may not be exported or reexported (i) into (or to a national or resident of ) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Trial Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
- Warranty Disclaimer. You acknowledge that the Trial Software may not satisfy your requirements or be free from defects. The Trial Software is provided "as is" without warranty of any kind, and David Glenn Rinehart expressly disclaims all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties or conditions, so the above exclusion may not apply to you.
- Limitation of Remedies and Damages. David Glenn Rinehart will not be liable for any consequential, incidental, indirect or special damages, whether arising in tort (including negligence), contract or otherwise, that stem from any use of or inability to use the Trial Software or otherwise arising from this license. David Glenn Rinehart's liability for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to us$50.00. This limitation will not apply in case of death, personal injury and loss of, damage to or destruction of tangible property ordinarily intended for private use or consumption, only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- General. This License will be construed under the laws of Ireland. This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If the Trial Software is supplied to the United States Government, the Trial Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Trial Software are as provided in clause 52.227-19 of the FAR.
- Authorship. David Glenn Rinehart is the moral and human author of this Trial Software and claims and retains all moral, immoral and human and primate-related rights, privileges and copyrights to all material, ideas, and other content herein and therein forever and ever, without pause or dalliance.
- And Furthermore. David Glenn Rinehart expressly disclaims all warranties express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose and against infringement. David Glenn Rinehart does not warrant that the functions contained in the Trial Software will meet your requirements or that the operation of the Trial Software will be uninterrupted or error-free or that defects in the Trial Software will be corrected. Furthermore David Glenn Rinehart does not warrant or make any representations regarding the use or the results of the use of the Trial Software or its documentation in terms of their correctness accuracy reliability or otherwise. No oral or written information or advice given by David Glenn Rinehart or a David Glenn Rinehart authorized representative or any member of the Stare cult shall create a warranty or in any way increase the scope of this warranty. Should the Trial Software prove defective you (and not David Glenn Rinehart or a David Glenn Rinehart authorized representative or any member of the Stare cult) assume the entire cost of all necessary servicing repair or correction. Some jurisdictions do not allow the exclusion of implied warranties so the above exclusion may not apply. Under no circumstances including negligence shall David Glenn Rinehart or a David Glenn Rinehart authorized representative or any member of the Stare cult or his/its/their agents be liable for any incidental special or consequential damages (including damages for loss of business profits business interruption loss of business information and the like) arising out of the use or inability to use the Trial Software or its documentation even if David Glenn Rinehart or a David Glenn Rinehart authorized representative or any member of the Stare cult has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply.
©2010 David Glenn Rinehart