This is a contract, read the whole document carefully.
The package contains software (“Software”) and its related documentation (“Documentation”). The term Software shall also include any upgrades, patches, modified versions and copies of the Software licensed to you by Hugo Diaz. When you acquire this package, the Software is licensed, not sold, to you for use only under the terms of this license and Hugo Diaz reserves any rights not expressly granted to you herein. Hugo Diaz retains ownership of the Software and hereby grants you a non-exclusive license to run the Software and use the Documentation, provided that you agree to the following items:
#1.- You may install and use the Software for evaluation purposes, free of charge for one week. After that time you agree that you will either pay the asking price stated in the Manual of the software or dispose of it.
#2.- The Software is owned by Hugo Diaz. You understand that its structure, design, organization and code are valuable trade secrets of Hugo Diaz and provide him economic benefit. The Software is protected by the United States Copyright Law and International Treaties signed by it and virtually every country in the world. Therefore you must treat the Software just as you would any other copyrighted material like a book or film. You may not copy or otherwise distribute any part of the Software or Documentation except as follows:
a) The Software may be freely distributed provided that:
-No special charges beyond normal connect charges are made.
-It is not included in a bundle with any other software.
-It is not sold.
-It is not modified in any way.
-It remains together with its documentation.
-You obtain Hugo Diaz' approval before distributing this software in a CD-ROM,
diskette or other bundle, for profit or not.
b) The Software may be copied to install it on any computers for which you have legitimately paid the Software's asking price unless it is being installed for evaluation purposes.
c) All copies that you are permitted to make pursuant to this agreement must contain the same copyright and other proprietary notices which appear on or in the Software.
d) You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
e) You agree not to make derivative works based upon the Software or any part thereof.
f) You agree not to reduce the Software to any human perceivable form.
Except as stated above this agreement does not grant you any rights to intellectual property rights in the Software.
#3.- You may not rent, lease, sublicense or lend the Software or the Documentation.
#4.- Hugo Diaz does not and cannot warrant the performance or results you may obtain by using the Software or Documentation. He makes no warranties express or implied as to non-infringement of third party rights, merchantability, or fitness for a particular purpose. In no event will Hugo Diaz be liable to you for any consequential, incidental or special damages, arising out of any claim by a third party or the use or inability to use the Software or any data supplied with it, including any lost profits or lost savings or lost information even if Hugo Diaz has been advised of the possibility of such damages.
#5.- This license is effective until terminated. This license will terminate immediately without notice if you fail to comply with any provision of this license. Upon termination you agree that you must and will promptly destroy the Software, the accompanying Documentation and all copies thereof. You agree that sections #2d, #2e and #2f will survive any termination. You may terminate this license at any time by destroying all installed and backup copies of the Software.
#6.- Export law assurances: you agree and certify that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported directly or indirectly into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the act.
#7.- If for any reason any provision of this license is held invalid by law, such invalidity shall not affect the remainder of such provision or of this license and this license shall to the full extent consistent by law continue in full force and effect.
#8.- Hugo Diaz’ liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, USA.
This license constitutes the entire agreement between the parties (the User and Hugo Diaz) with respect to the use of the Software and related Documentation and supersedes all prior or contemporaneous understandings or agreements written or oral regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by Hugo Diaz.
