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By downloading the software product from this web site you indicate that you agree with the trial software license agreement below. Please review the license agreement that appears during the product installation, because it may vary from product to product. Please also note that we do revise and update our Software License Agreement from time to time and we reserve the right to do so without any notice to you.
Trial Software License Agreement
GRANT. PhatWare Corporation hereby grants to you a non-exclusive license to use the downloaded trial software product (the "Software") and accompanying documentation ("Documentation") on the following terms:
(i) use the Software on any single computer or a mobile during the limited trial period. The Software is in "use" when it is loaded into RAM, installed on a hard disk, or installed on another storage device.
You may not:
(i) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on the Software, or any portion thereof, or Documentation; or attempt to increase the functionality of the Software in any manner; (ii) copy the Software (except for back-up purposes) or Documentation; (iii) rent, lease, or otherwise transfer rights to the Software or Documentation; or (iv) remove any proprietary notices or labels on or in the Software or Documentation.
SOFTWARE If you receive your first copy of the Software electronically, and a second copy on media, the second copy may be used for archival purposes only. This license does not grant you any right to any enhancement or update.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in PhatWare and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
LIMITED WARRANTY: Trial versions of Software are
time-limited and as such are not covered by PhatWare's limited warranty.
NO PHATWARE DEALER, AGENT, OR EMPLOYEE, OR ANY OTHER PARTY IS AUTHORIZED TO MAKE WARRANTIES OR CONDITIONS ON PHATWARE'S BEHALF. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PHATWARE OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF PHATWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. PHATWARE SHALL NOT BE LIABLE
FOR ANY DAMAGES UNDER THIS AGREEMENT.