Byte Designs Ltd. DISAM/DISAM96/DISAM7 Software License
1. LICENSE. The Byte Designs Ltd. DISAM/DISAM96/DISAM7 Software and Byte Designs Ltd. DISAM/DISAM96/DISAM7 Documentation whether on disk, in read-only memory, or on any other media (collectively hereafter referred to as DISAM’) is licensed, not sold, to you by Byte Designs Ltd. (‘BYTE DESIGNS’). All copies of the Byte Designs Software you use are subject to this License.
2. PERMITTED USES and RESTRICTIONS. This License allows you to read, modify and compile the DISAM source code if source was included in the DISAM96 software you received from BYTE DESIGNS. This License allows you to use the resulting DISAM library or the DISAM library received as BYTE DESIGNS software to be included in your own software works. This License allows you to use the BYTE DESIGNS software at a single location on the computer/operating system platform(s) specified on your receipt for license fees paid.
You may not, except as permitted by applicable law, decompile, reverse engineer, disassemble, modify, rent, lease, loan or create derivative works from the BYTE DESIGNS Software except as specifically permitted by this license. You may not claim as your own any source or library containing any part of DISAM regardless of whether that part was received from BYTE DESIGNS directly or modified by you or any other party.
You may not distribute any software works or derivatives that contain all or any portion of BYTE DESIGNS software licensed herein unless distribution licenses (RUN-TIME LICENSES) have been purchased.
Your rights under this License will terminate automatically without notice from BYTE DESIGNS if you fail to comply with any term(s) of this License.
3. FUTURE VERSIONS. BYTE DESIGNS may from time to time develop new versions of the DISAM Software. Nothing in this Agreement shall obligate BYTE DESIGNS to develop any particular update or enhancement. BYTE DESIGNS may choose to implement new features and/or components of the DISAM Software that require additional License Fees. You are not obligated to license such additional features if you choose not to use those new features and/or components.
4. TERMINATION. This License is unlimited in time, and it can be terminated only as described in Section 2.
5. DISCLAIMER of WARRANTY on BYTE DESIGNS Software. You expressly acknowledge and agree that use of the BYTE DESIGNS Software is at your sole risk. The BYTE DESIGNS Software is provided ‘AS IS’ and without warranty of any kind and BYTE DESIGNS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BYTE DESIGNS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BYTE DESIGNS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BYTE DESIGNS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BYTE DESIGNS SOFTWARE WILL BE CORRECTED. FURTHERMORE, BYTE DESIGNS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BYTE DESIGNS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BYTE DESIGNS OR A BYTE DESIGNS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE BYTE DESIGNS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT BYTE DESIGNS OR A BYTE DESIGNS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. LIMITATION of LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BYTE DESIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BYTE DESIGNS’s total liability to you for all damages exceed the amount paid for this License.
7. Controlling Law and Severability. This License shall be governed by the laws of Canada and the Province of British Columbia. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Byte Designs Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BYTE DESIGNS.
Using any part of DISAM/DISAM96/DISAM7 constitutes acceptance of these license terms.