PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF ComputerExpert SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS ComputerExpert
SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the ComputerExpert software package ("ComputerExpert 2009") with which this Agreement is
included by the Association for Shareware Professionals ("ASP").
Different license terms may apply to other software packages or other
materials from ASP, and license terms for later versions of ComputerExpert may
also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received ComputerExpert in the form of an original ComputerExpert distribution package
as distributed by ASP, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for ComputerExpert are available from ASP and ASP-authorized ComputerExpert
distributors. Copies of ComputerExpert not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use ComputerExpert free of charge, for the purpose of creating,
changing, storing, distributing and transmitting software description
data files in PAD file format(s).
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of ComputerExpert to others, as
long as it is deemed current by ASP.
· store, and distribute and transmit to others, the software
description data files created in PAD file format(s) by proper use of
this version of ComputerExpert ("proper use" is defined below).
· describe and designate the software description data files created
in PAD file format(s) by proper use of this version of ComputerExpert
program ) to others as "PAD" or "Portable Application Description"
files.
"Proper use" of ComputerExpert is use of the ComputerExpert program fully in
accordance with ASP guidelines, as such guidelines may be changed,
clarified or corrected by ASP from time to time. If you have any
questions as to proper use of this ComputerExpert program, or other guidelines
regarding use of the terms "PAD" or "Portable Application
Description", you may contact ASP via the contact information included
in this Original Distribution Package.
(c) You may not:
· permit others to use this ComputerExpert program unless they are properly
licensed by ASP, either under this Agreement or another agreement from
ASP.
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this ComputerExpert program.
· copy ComputerExpert except as described above.
· sell or license copies of ComputerExpert to others.
· remove any proprietary notices or labels on ComputerExpert or any other ASP
software.
· use ComputerExpert in or for High Risk Activities (defined below)
(d) All rights not expressly granted by ASP in this Agreement are
entirely and exclusively reserved to ASP.
4. SUPPORT. ComputerExpert contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. PAD FILE FORMAT AND OTHER LICENSES.
(a) The PAD file formats are data file formats that are owned by
solely by ASP, and specified and changed from time to time solely by
ASP.
(b) This ComputerExpert program, as distributed in this Original Distribution
Package and when properly used as designated solely by ASP, is
intended to create data files in PAD file format(s) endorsed by ASP at
the time this Original Distribution Package was first made publicly
available by ASP. ASP reserves the right to change any PAD file
format at any time at its sole discretion.
(c) You acknowledge and agree that it may become necessary to use
software other than this version of ComputerExpert to create files that may be
referred to publicly by you or others as "PAD" or "Portable
Application Description" Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement.
9. TITLE. ASP or its licensors own the ComputerExpert software, all other
materials in this ComputerExpert Original Distribution Package, the PAD File
Format, and the names and marks "ASP", "PAD", "Portable Application
Description" and "ComputerExpert", under the copyright, trademark, and trade
secret laws and all other laws that may apply.
10. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
ComputerExpert software and all other materials in this ComputerExpert Original
Distribution Package and, at ASP's sole discretion, any or all of the
files created by you using ComputerExpert and distributed to others.
11. HIGH RISK ACTIVITIES. ComputerExpert is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of ComputerExpert
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). ASP and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
12. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and ASP. Waiver by ASP of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to ComputerExpert or to
this Agreement shall be governed by the laws of the United States and
the laws of the State of Washington, without regard to U.S. or
Washington choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to ASP or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by ASP herein.