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版本历史记录
- 版本 2.3 发布于 2010-06-07
新功能和更新！ - 版本 1.4 发布于 2009-03-26
软件信息
- 软件分类： 安全和隐私 > 其他
- 发布者： Atherion Software
- 许可： 免费试用
- 价格： $29.99
- 版本： 2.3
- 适用平台： windows
终端用户许可协议
SOFTWARE LICENSE AGREEMENT This software ("Software") is licensed, not sold, to you for use only under the terms of this Software License Agreement ("Agreement"). Atherion Software, LLC. ("Licensor") and its licensors continue to own the Software and reserve any rights not expressly granted to you. 1. LICENSE GRANT. Licensor grants to you, subject to the terms and conditions of this Agreement, a limited, nonexclusive, nontransferable license solely for the internal, non-commercial use of the accompanying Software. You may not copy, reproduce, modify, rent, lease, sublicense, distribute, transfer, or time-share the Software or any manuals, guides or any other information or material that Licensor provides to you for use with the Software ("Documentation"). Licensor reserves all rights not expressly granted to you. Ownership of and title to the Software and Documentation are and will be held by Licensor and its licensors. 2. PROTECTION OF SOFTWARE. You acknowledge that the source code for the Software and other trade secrets embodied in the Software have not been, and are not going to be, disclosed to you. You are not permitted (a) to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Software, (b) to use any similar means to discover the source code of the Software or to discover the trade secrets in the Software, (c) to otherwise circumvent any technological measure that controls access to the Software, (d) to use any Trojan horses, worms, time bombs, robots, spiders, crawlers, cancelbots or other computer programming routines intended to copy, damage, detrimentally interfere with, or expropriate the Software, or (e) to remove or alter any proprietary legends or notices contained in the Software or Documentation. 3. DISCLAIMER OF WARRANTIES AND RISK ALLOCATION. 3.1 Disclaimer. You acknowledge that: (a) the Software and the Documentation may not be in final form or fully functional and may contain errors, design flaws or other problems; and (b) use of the Software and Documentation may result in unexpected results, loss of data or other unpredictable damage or loss to you. THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO YOU ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SOFTWARE AND THE DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED. 3.2 Indemnification. You agree to defend and indemnify Licensor and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from your use of the Software. 3.3 Limitation of Liability. LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. 4. OWNERSHIP. You acknowledge and agree that Licensor (and its licensors) owns all right, title and interest in and to the Software, including without limitation any and all patents, patent applications, copyrights, trade secrets, trademarks and other intellectual property rights. You will not acquire any rights or licenses, except as expressly provided in this Agreement, under any patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement or your performance under this Agreement. All suggestions for correction, change and modification to the Software, and other feedback, information and reports provided to Licensor by you will be the property of Licensor and Licensor may use any such reports, feedback or other information in any manner and for any purpose whatsoever. You agree to assist Licensor, at Licensor's expense, in obtaining intellectual property protection relating to such suggestions, feedback, information and reports as Licensor may reasonably request. 5. TERM AND TERMINATION. The term of this Agreement is effective as of the date you accept the terms of this Agreement and shall continue until terminated. Either party may terminate this Agreement upon written notice to the other party at any time and for any reason. This Agreement will also terminate if you breach any of the terms or conditions of this Agreement. You agree that in the event of the termination of this Agreement for any reason, your license rights to the Software and the Documentation are immediately terminated. The rights and obligations of the parties under Sections 2 - 6 will survive the termination of this Agreement. 6. GENERAL. 6.1 Notices. All communications under this Agreement shall be in writing or by confirmed fax. 6.2 Severability. In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. The parties agree that they will negotiate in good faith or will permit a court or arbitrator to replace any provision of this Agreement so held invalid, unenforceable or illegal with a valid provision that is as similar as possible in substance to the invalid, unenforceable or illegal provision. 6.3 Waiver. The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. 6.4 Governing Law; Jurisdiction & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without taking into account its principles on conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. In any action, suit or proceeding relating to this Agreement or any of the transactions contemplated hereunder, the successful or prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in connection with that action, suit or proceeding, in addition to any other relief to which such party may be entitled. Exclusive jurisdiction and venue for any litigation arising under this Agreement is in the federal and state courts located in Seminole County, Florida, USA and both parties hereby consent to such jurisdiction and venue for this purpose. 6.5 Relationship of the Parties. Nothing contained in this Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. 6.6 Entire Agreement; Amendment; Assignments. This Agreement (a) constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter; (b) may be amended or modified only by a writing executed by an authorized officer of the party against whom enforcement is sought; (c) may not be assigned by you without the written consent of Licensor; and (d) shall be binding upon and shall inure to the benefit of the respective successors and permitted assigns of the parties hereto. 6.7 Remedies. The parties acknowledge and agree that a breach or a threatened breach of this Agreement by you would cause not only financial harm, but also irreparable harm to Licensor, and that money damages will not provide an adequate remedy. In the event of a breach or threatened breach of this Agreement by you, Licensor shall, in addition to any other rights and remedies it may have, at law or in equity, be entitled to an injunction restraining, temporarily or permanently, you from disclosing or using, in whole or in part, the Software and the Documentation, without the necessity of posting any bond or surety. 6.8 Export. You shall not export or re-export, directly or indirectly (including via remote access), the Software or other information or materials provided by Licensor hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. 6.9 U.S. Government Restricted Rights. If the Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying Documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 6.10 Acknowledgment. You acknowledge that (a) you have read and understand this Agreement; (b) this Agreement has the same force and effect as a signed agreement; (c) issuance of this license does not constitute general publication of the Software or the Documentation; and (d) the individual accepting this Agreement on behalf of a corporation or other legal entity personally represents that he or she is duly authorized to accept this Agreement on behalf of such entity and that this Agreement is binding upon such entity. Licensor: Atherion Software, LLC http://wwww.atherionsoftware.com