FREEWARE LICENSE TERMS
The Quametec Web Sites contains certain downloadable software which does not require payment of any license fee. The copyright owner and Licensor of the software that you download through these sites are indicated in the file itself with appropriate statements and in the area of the Web Sites from which the software is downloaded. This Freeware License is a binding legal agreement between the individual who downloads and/or uses the software("You") and the Licensor (Quametec Corporation).
Even though a license fee is not paid for use of such Freeware, it does not mean that there are not conditions for using such Freeware. As a condition for granting you a license to use Freeware programs that are available through this site, you agree to all of the following terms and conditions. You are deemed to have read, understand, and have accepted all such terms and conditions upon executing a download of any Freeware program. If you fail to abide by any of the terms and conditions set forth herein, your license to use such Freeware shall be immediately and automatically revoked, without any notice or other action by the Copyright Owner.
TERMS AND CONDITIONS
1. You are granted a non-exclusive license to use the Downloaded Software subject to your compliance with all of the terms and conditions of this Freeware License.
2. You may only use the software on computers that you own, lease or control. You may make one backup copy of the software for your own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices.
3. You are only granted a license for the machine-readable, object code portion of the software. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.
4. You may not distribute, copy, publish, assign,sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the software.
5. You will not have any proprietary rights in and to the software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.
6. Your license to use the software shall be revocable by the Licensor upon written notice to you. This license shall automatically terminate upon your violation of the terms hereof or upon your use of the software beyond the scope of the license provided herein.
7. Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of this license shall constitute copyright infringement.
8. Certain Quametec ‘FREEWARE’ software may offer support in exchange for a “Registration Fee”. Payment of this fee does NOT void this agreement. This EULA remains fully binding with the added addition of providing you reasonable technical support with regards to the installation and use of the software product. Quametec’s liability in this provision is limited to the cost of the “Registration Fee”.
9. This license shall be effective and bind you upon your downloading and/or first use of the software.
10. You accept the software on an "AS IS" and with all faults basis. No representations and warranties are made to you regarding any aspect of the software.
11. THE LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE,INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
12. This Freeware License shall be interpreted under the laws of the State of Michigan. You agree that all controversies pertaining to the software and/or this Freeware Agreement shall be brought in the courts of Livingston County, State of Michigan. You hereby submit to the jurisdictions of such court.However, federal courts located in the state of Michigan shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of federal court located in the State of Michigan.
13. Licensor's failure to enforce any rights hereunder or its copyright in the software shall not be construed as amending this agreement or waiving any of Licensor's rights hereunder or under any provision of state or federal law.