IMPORTANT READ CAREFULLY: This license agreement (the "License Agreement") is a
legal agreement between you (either an individual or a single entity) and Power-Scripts (herein referred to as "Power-Scripts") for the software product identified above ("Script Tool Box"), which includes an installer program, an application program, and "online" or electronic documentation and may include associated media, printed materials, and/or a registration code to keep the application program from expiring. The Software Product also includes any upgrades, modified versions, updates, additions, and copies of the software. By clicking on "I Accept" button, purchasing a registration code, or installing, copying, or otherwise using Script Tool Box, you agree to be bound by the terms of this License
Agreement. If you do not agree to the terms of this License Agreement, you are not
authorized to use Script Tool Box.
License:
The Software Product accompanying this License Agreement is licensed to you by
Power-Scripts as shareware. This license is non-exclusive and non-transferable. You may use
Script Tool Box for up to thirty (30) days from the date of initial installation after
which time you must purchase a license and obtain a registration code to continue
using the Software Product. If you purchase a world-wide license, the registration
code you receive may be used to register and run the Script Tool Box application on any
computer in your organization. If you purchase a site license, you may only use the
registration code to register and run the Script Tool Box application on computers in your
organization that are located within a one hundred (100) mile radius. If you purchase
one or more single-computer licenses, you may only use the registration code to
register and run the Script Tool Box application on as many computers as the number of
licenses which you have purchased.
Restrictions:
The Script Tool Box application contains copyrighted material, trade secrets and other
proprietary material. In order to protect them, and except as permitted by applicable
legislation, you may not decompose, reverse engineer, disassemble, or otherwise
reduce the Script Tool Box application to a human-perceivable form. You may not modify or
create derivative works based upon the Script Tool Box application in whole or in part. You
must maintain all copyright notices on all copies of the Script Tool Box application. You may
not network, rent, lease, loan, or distribute the Script Tool Box application, in whole or in
except as expressly provided elsewhere in this License Agreement. If you are issued or otherwise obtain a valid registration code or any information regarding how to
bypass the registration policy enforced within the program, you acknowledge that
such information constitutes a valuable trade secret of Power-Scripts and you agree
to keep such information strictly confidential and not share, distribute, network,
otherwise make available such information to any third party. The restrictions and
obligations contained in this clause shall survive the expiration, termination or
cancellation of this License Agreement, and shall continue to bind you, your
successors, heirs and assigns.
Redistributing the Installer Program:
The Script Tool Box application is distributed as a shareware program which consists of an
executable program which may or may not have been compressed or encoded and which
enables an end user to install the Script Tool Box application for use with a computer.
Power-Scripts expressly provides you the right to redistribute the shareware program
which you received either directly from Power-Scripts, or from a third party in
accordance with this License Agreement, provided (i) you clearly indicate to all
recipients that the Script Tool Box application is subject to a license agreement from
Power-Scripts which requires payment of a fee for continued use, (ii) you do not
distribute registration codes or any portion of the Script Tool Box application other than the
Installer Program, (iii) you do not modify the Installer Program in any way other
to compress or encode it for purposes of facilitating distribution, (iv) you make no
unauthorized representations on behalf of Power-Scripts, (v) you agree to cease
distributing the Installer Program upon reasonable notice from Power-Scripts or
termination of this license, and (vi) you abide by all provisions of this License
Agreement and all applicable laws and regulations. You do not need to have purchased
a registration code in order to redistribute the Installer Program. Notwithstanding
any provision to the contrary, nothing in this License Agreement shall be construed
as to make you a joint venturer, partner, employee, agent or other representative
Power-Scripts and you shall not make any representation that suggests otherwise.
Title:
All title and copyrights in and to the Script Tool Box application are owned by Power-Scripts
and/or its suppliers. The structure, organization, and code of the Script Tool Box application
are the valuable trade secrets of Power-Scripts and/or its suppliers and these are
being made available to you in strict confidence. All title and intellectual property
rights in and to the content which may be accessed through use of the Software
Product are the property of the applicable content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This license
grants you no rights to use such content.
Termination:
This license is effective until terminated. You may terminate the license at any time
by (i) unregistering the Script Tool Box application (as described in the documentation
accompanying the Script Tool Box application) on each computer in which you have entered
valid registration code to register it, and (ii) destroying the Script Tool Box application and
copies thereof, excluding copies of the Installer Program that you may have
distributed as allowed by this License Agreement. This license will terminate
immediately without notice from Power-Scripts if you fail to comply with any
provision of this license. Upon termination, you must (i) unregister the Software
Product (as described in the documentation accompanying the Script Tool Box application) on
each computer in which you entered a valid registration code to register it, and (ii)
destroy the Script Tool Box application and all copies thereof, excluding copies of t he Installer
Program that y ou may have distributed as allowed by this License Agreement.
Termination of this license shall not limit Power-Scripts or any of its suppliers
from pursuing any other remedies available to it.
Disclaimer of warranty:
This copy of the Script Tool Box application is provided "AS IS", and absolutely NO WARRANTY
(expressed or implied, including, but not limited to, the implied warranties of
merchantability for any purpose) is provided for this product. Power-Scripts does
NOT warrant that the functions contained in the Script Tool Box application will meet your
requirements, or that the operation of the Script Tool Box application will be uninterrupted
error-free, or that defects in the Script Tool Box application will be corrected. Furthermore,
Power-Scripts does not warrant nor make any representation as to the use or results
of the use of the Script Tool Box application in terms of its correctness, accuracy, reliability,
or otherwise. No oral or written information or advice given by Power-Scripts or
authorized representative of Power-Scripts shall create a warranty or in any way
increase the scope of this warranty. Should the Script Tool Box application prove defective,
you assume the entire cost of any necessary servicing, repair, or correction. Some
jurisdictions do not allow the exclusion of implied warranties so the above exclusion
may not apply to you.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL POWER-SCRIPTS, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF THE "SCRIPT TOOL BOX APPLICATION", OR ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. This limitation of liability shall not apply to liability for death or personal
injury resulting from such party's negligence to the extent applicable law prohibits
such limitation. Some jurisdictions do not allow the exclusion or limitation of
direct, incidental or consequential damages, so some or all of the above exclusions
limitations may not apply to you. Without limiting the preceding provisions of this
paragraph, the maximum liability of Power-Scripts and its suppliers collectively,
and your exclusive remedy, under any contract, tort or other legal or equitable theory
for all damages, regardless of the form of the action, shall be the fees paid by you
under this license. Such limits shall apply whether or not Power-Scripts or its
suppliers have been advised of or could have foreseen the possibility of such damages.
You shall not bring any action, regardless of form, arising out of or in connection
this license against Power-Scritps or its suppliers more than one (1) year after
cause of action has accrued.
Responsibility For Use:
You are solely responsible for all use of the Script Tool Box application and for ensuring the
accuracy and adequacy of the results of such use. You assume the entire risk of any
use made of the Script Tool Box application and shall have full responsibility for any decisions
in which any element of the Script Tool Box application may be used or relied upon. Any
reliance by you or others upon the Script Tool Box application will not diminish that
responsibility. Without limitation, you are solely responsible for, and accept all
relating to, any use of the Script Tool Box application by you or by third parties on any
computer in which you have registered the program by entering a valid registration
code. Accordingly, neither Power-Scripts nor any supplier (nor any of their
respective affiliates, members, directors, officers, employees or agents) shall be
liable for, and you shall indemnify and hold Power-Scripts and its suppliers (and
their respective affiliates, directors, officers, employees and agents) harmless from
and against any and all claims, liabilities, losses and expenses (including legal,
accounting and other professional fees and expenses) in connection with any claim by
a third party relating to the use of the Script Tool Box application by you, or on a computer in
which you have registered the program by entering a valid registration code, or
relating to any decisions or analyses arising out of such use.
Support and Upgrades:
Neither Power-Scripts nor any of its suppliers is under any obligation to continue
distribution of, or to provide product support, bug fixes, or upgrades for, Script Tool Box. The manner, method, and conditions under which Power-Scripts chooses to provide product support, bug fixes, or upgrades is at the sole discretion of Power-Scripts.
Export Law Assurance:
You agree and certify that neither the Script Tool Box application nor any other technical data
you received from Power-Scripts, nor the direct product thereof, will be exported
outside the United States except as authorized and permitted by the laws and
regulations of the United States. If the Script Tool Box application has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software
Product, nor any other technical data you received from Power-Scripts, nor the direct
product thereof, except as permitted by the laws and regulations of the United States
and the laws and regulations of the jurisdiction in which you obtained Script Tool Box
Government End Users:
The software and accompanying documentation contained in the Script Tool Box application
"Commercial Items" as that term is defined at 48 C.F.R. Section 2.101, consisting
"Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R.
Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.
Subsections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to
U.S. Government end users (a) only as Commercial Items and (b) with only those rights
as are granted to all other end users pursuant to the terms and conditions herein.
Controlling Law and Severability:
This license shall be governed by and construed in accordance with the laws in force
in the State of California excluding the application of its conflicts of law rules.
License Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is expressly
excluded. If for any reason, a court of competent jurisdiction finds any provision
the license, or portion there of, to be unenforceable, that provision of the license shall
be enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of the license shall continue in full force and effect.
Miscellaneous:
All headings herein are inserted only for convenience and ease of reference and are
not to be considered in the interpretation of any provision of this License Agreement.
This license may not be assigned by you to any other party without the prior written
consent of Power-Scripts. In the event of arbitration or litigation between you
Power-Scripts and/or its suppliers regarding the Script Tool Box application, the prevailing
party shall be entitled to recover reasonable attorney fees, costs and expenses in
addition to any other relief to which it may be entitled. You agree that remedies
law are inadequate to protect Power-Scripts and/or its suppliers in the event of
violation of their respective proprietary or confidentiality rights under this license
and that in addition to any other remedies which may be available to Power-Scripts
and/or its suppliers, Power-Scripts and/or its suppliers may seek injunctive and
other equitable relief for breach of the terms of this license . Each supplier of
Power-Scripts is a third party beneficiary hereunder to the extent required to enable
such supplier to enforce its proprietary rights in the Script Tool Box application and the
applicable use restrictions herein.
Complete Agreement:
This license constitutes the entire agreement between the parties with respect to the
Script Tool Box application and supercedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to or
modification of the license will be binding unless in writing and signed by a duly
