Limits of Liability, Disclaimer of Warranty, and Product License Sherlock Holmes - A Library Copyright 2004 Jonathan R. Allen All Rights Reserved THIS SOFTWARE AND ITS DOCUMENTATION ARE SOLD ''AS IS'' AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO HEALTH OR MEDICAL, OR FINANCIAL CLAIMS ARE EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH THIS PROGRAM MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. This agreement shall be governed by the laws of the state of North Carolina and shall inure to the benefits of Jonathan R. Allen and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Moore County, North Carolina. The parties hereby consent to in personam jurisdiction of said courts. Some states do not allow the exclusion of the limit of liability for consequential or incidental damages, so the above limitation may not apply to you. The author of Sherlock Holmes - A Library reserves the right to change any information, policies, or pricing without notice. Trademarked names may appear throughout this application and/or its documentation. Rather than list the name and entities that own the trademarks or insert a trademark symbol with every mention of the trademarked name, the author states that he is using the names only for editorial purposes and to the benefit of the trademark owner with no intention of infringing upon that trademark. Portions of Sherlock Holmes - A Library are distributed under license from Software Source. Users may access data only through software that is provided by NELLA_WARE, unless the users acquire a separate license from Software Source. Sherlock Holmes - A Library PRODUCT LICENSE INFORMATION NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. 1. LICENSE GRANT. Jonathan R. Allen grants you a license to use one copy of the version of this SOFTWARE on any one hardware product for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted to evaluate the shareware SOFTWARE through trial usage to determine if it meets your requirements, after which such shareware evaluation you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your computer. This license is not transferable to any other hardware product or other company, entity, or individual. 2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Jonathan R. Allen. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. 3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Jonathan R. Allen and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE. 4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part. 5. NO OTHER WARRANTIES. JONATHAN R. ALLEN DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. JONATHAN R. ALLEN DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL JONATHAN R. ALLEN OR HIS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF JONATHAN R. ALLEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JONATHAN R. ALLEN LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. 8. GOVERNING LAW. This license will be governed by the laws of the State of North Carolina as they are applied to agreements between North Carolina residents entered into and to be performed entirely within North Carolina . The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 9. ENTIRE AGREEMENT. This is the entire agreement between you and Jonathan R. Allen which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.