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» version 1.0 - posted on 2009-08-15
EULA - End User License Agreement
BRIAN P HAMACHEK SOFTWARE END USER LICENCE AGREEMENT
By agreeing to have any of BRIAN P HAMACHEK software products installed on to your computer equipment and by subsequent use of the Software, you agree to comply
with the terms of this general End User Licence Agreement ("EULA") where no specific agreement is in place between BRIAN P HAMACHEK and the user of the software.
If you do not agree to the terms of this EULA, do not install or use the Software but return it for a full refund. This EULA applies to any upgrades and supplements to the
original Software provided and is referred to on your opening screen.
1. The Licensed Software is owned and copyrighted by BRIAN P HAMACHEK ("BRIAN P HAMACHEK"). The Software is licensed, not
sold, only on the terms of this EULA. Acceptance and installation of the software indicates your acceptance of the terms and conditions of this
Upon receipt and installation of the software and payment of the licence fee, you will acquire the right to use the Software in object code form,
directly from BRIAN P HAMACHEK, although the product may be distributed by a Value Added Reseller (VAR). You assume
responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the
2. In consideration of your acceptance of the terms and conditions contained in this EULA, BRIAN P HAMACHEK grants you a non-exclusive
license to use the Licensed Software and the associated documentation for your own needs on one Computer and one Mobile Device. You are
not licensed to rent, lease, transfer or distribute the Software. You may not allow any third party to access or view the Software for any reason
other than to assist you professionally in your business where the software is currently being used.
3. Title and copyright to the Software, including object code media and documentation, remain with BRIAN P HAMACHEK. You may not
copy, reproduce or make data transmissions, in whole or in part, except as is necessary for back-up or archival purposes. You may not reverse
engineer, translate, disassemble or decompile the Software, in whole or in part.
4. The licence is effective upon acceptance and installation of the Licensed Software and shall continue until terminated. You may terminate it at
any time by destroying the Licensed Software media. BRIAN P HAMACHEK has the right to terminate this Agreement if you fail to comply
with any term or condition of this EULA. Upon termination you shall stop all use of the Software and return the Licensed Software and all
copies and documentation to BRIAN P HAMACHEK or destroy the Licensed Software and provide BRIAN P HAMACHEK with a
statutory declaration signed by you declaring that the Licensed Software and the documentation and all copies have been returned or destroyed
and the copy of the Licensed Software on the hard disk(s) has been removed.
5. Copyright of the Software will survive any termination of this EULA in perpetuity.
6. BRIAN P HAMACHEK disclaims all warranties with regard to the Software, including the implied warranty of merchantability and fitness for
a particular purpose. Some Countries/States have laws which require warranty and liability rights different from those stated herein. In those
areas the required warranty and liability terms will apply.
7. BRIAN P HAMACHEKs entire liability and your exclusive remedy, if the VAR from whom you acquired the Licensed Software is unable to
deliver acceptable replacement media, is limited to your purchase price, which shall be paid to you upon return of the Licensed Software and
the statutory declaration required above certifying complete return.
8. In no event will BRIAN P HAMACHEK be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages
in any way related to or arising out of the use of the Software. BRIAN P HAMACHEKs maximum liability shall in no event exceed the
amounts paid to BRIAN P HAMACHEK for the Licensed Software.
9. The prevailing party in any action or proceeding between BRIAN P HAMACHEK and End-User Licensee arising out of or related to this
Agreement shall be entitled to recover reasonable legal fees and costs, including lawyers fees, which may be incurred.
10. This Agreement shall be construed and enforced in accordance with the laws of the Great State of California of the United States of America
and each party agrees to be subject to those relevant laws.
Copyright law protects the Licensed Software and accompanying documentation. Except as specifically authorized in writing by
BRIAN P HAMACHEK, copying, duplication, sale, distribution or other use of the Licensed Software is prohibited.
It is understood and acknowledged that BRIAN P HAMACHEK has the absolute right to obtain injunctive relief to protect BRIAN
P HAMACHEKs proprietary rights.
By using the Software, you further agree that this is the complete and exclusive statement of the Agreement which supersedes any
proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this EULA.
If any provision of this Agreement is held to be invalid or unenforceable the remaining provisions will not be affected.