Notice to users: carefully read the following legal agreement. Use of the software provided with this agreement (the “SOFTWARE”) constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this SOFTWARE. User’s use of this SOFTWARE is conditioned upon compliance by user with the terms of this agreement.
1. License Grant
The author, trading as TimePeace, grants you a license to use the software program (the “SOFTWARE”) on any computer as long as the terms of this agreement are respected. “You” means the company, entity, or individual installing or using the SOFTWARE. “Use” means storing, loading, installing, executing, or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE’s programming features. If you choose to enable the trial features, where provided, you are granted an evaluation period of not more than 45 days, after which time you may not use those features unless you purchase the commercial version of the SOFTWARE, or you must remove the SOFTWARE from your computer. This license is not transferable to any other hardware product or other company, entity, or individual.
The SOFTWARE is owned and copyrighted by the author, trading as TimePeace. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
The SOFTWARE is protected by New Zealand copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the author, trading as TimePeace, and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. Unauthorized Use
You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.
In no case may the SOFTWARE be bundled with a hardware or software product without written permission from the author, trading as TimePeace,.
6. Changes and Modifications to the Software
Under no circumstances shall any change or modification to the software, whether as a result of a request from the user or otherwise, in any way affect, limit or extend the terms and conditions of this licence agreement.
7. Limited Warranty
THIS SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. THE AUTHOR, TRADING AS TimePeace, DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE AUTHOR, TRADING AS TimePeace, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF THE AUTHOR, TRADING AS TimePeace, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
IN THE EVENT THAT YOU ARE NOT PREPARED TO ACCEPT THE TERMS AND CONDITIONS OF THIS WARRANTY YOU SHOULD IMMEDIATELY, AND IN ANY CASE WITHIN 5 DAYS OF FIRST USING THIS SOFTWARE, CEASE USING THE SOFTWARE, AND UNINSTALL IT AND REMOVE IT FROM YOUR COMPUTER AND THEREAFTER MAKE REPRESENTATIONS TO THE AUTHOR, TRADING AS TimePeace, FOR A REFUND.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO THE AUTHOR, TRADING AS TimePeace,.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
9. No Liability For Consequential Damages
IN NO EVENT SHALL THE AUTHOR, TRADING AS TimePeace, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND HOWSOEVER ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF THE AUTHOR, TRADING AS TimePeace, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR’S, TRADING AS TimePeace, LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
10. Governing Law
This agreement shall be governed by the laws of South Africa the application of its conflicts of law rules, and shall inure to the benefit of the author, trading as TimePeace, and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a COURT of competent jurisdiction located in New Zealand. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. Inspection And Testing
You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement of your use. Any suit or other legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed or officially commenced no later than 30 days after your first use of the software.
12. Entire Agreement
This is the entire agreement between you and the author, trading as TimePeace, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
13. Reserved Rights
All rights not expressly granted here are reserved to the author, trading as TimePeace,.