FileEngineer 2.0.1

EULA - End User License Agreement

NuonSoft FileEngineer Version 2.0.1 License Agreement
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Except where otherwise noted, all of the documentation and software included with NuonSoft FileEngineer is copyrighted by NuonSoft.
Copyright (c) 2004, NuonSoft. All rights reserved.
All trademarks and trade names are properties of their respective owners.

LICENSE AGREEMENT

This license refers to the 'NuonSoft FileEngineer' Software Program herein called "The SOFTWARE".

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF "THE SOFTWARE" PROVIDED WITH THIS AGREEMENT 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
2. OWNERSHIP
3. COPYRIGHT
4. UNAUTHORIZED USE
5. BUNDLING
6. DISTRIBUTION
7. LIMITED WARRANTY
8. SEVERABILITY
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
10. INDEMNITY
11. GOVERNING LAW
12. INSPECTION AND TESTING
13. ENTIRE AGREEMENT
14. RESERVED RIGHTS
15. TERMINATION
16. CONTACT INFORMATION
1. LICENSE GRANT
NuonSoft grants you a license to use 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. This license is not transferable to any other hardware product or other company, entity, or individual.

2. OWNERSHIP
The SOFTWARE is owned and copyrighted by NuonSoft. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

3. COPYRIGHT
The SOFTWARE is protected by United States 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 NuonSoft 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:

(i) use the SOFTWARE, except under the terms listed in this license;

(ii) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover the source code from the binaries of the SOFTWARE, except to the extent applicable laws specifically prohibit such restriction;

(iii) create derivative works based on the SOFTWARE (e.g. incorporating the SOFTWARE in a commercial product or service without a proper license);

(iv) copy the SOFTWARE, except under the terms listed in this license;

(v) sell, rent, lease, sublicense, convey, distribute or otherwise transfer rights to the SOFTWARE, except under the terms listed in this license; or

(vi) remove any product identification, copyright, proprietary notices or labels from the SOFTWARE;

Any and all copies made by you as permitted hereunder must contain all of the original SOFTWARE's copyright, trademark and other proprietary notices and marks.

Any unauthorized use shall result in immediate and automatic termination of this license (see TERMINATION section).

5. BUNDLING
You are only allowed to bundle the Trial version of the SOFTWARE without any registration codes. (see section 6. DISTRIBUTION) If you bundle the SOFTWARE, inform NuonSoft of this by sending an email to nuonsoft@nuonsoft.com.
In no case may the SOFTWARE be bundled with hardware or other non-shareware software without written permission from NuonSoft.

6. DISTRIBUTION
Provided that you verify that you are distributing the Trial version of the SOFTWARE (without registration codes) you are hereby licensed to make as many copies of the original Trial package of the SOFTWARE as you wish; give exact copies of the original Trial package of the SOFTWARE to anyone; and distribute the original Trial package of the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the software itself.

All distribution of SOFTWARE is further restricted with regard to sources which also distribute virus source code and related virus construction/creation materials. The SOFTWARE may not be made available on any site, CD-ROM, or with any package which makes available or contains viruses, virus source code, virus construction programs, or virus creation material.

Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.

7. LIMITED WARRANTY
- Short version:
This software is provided "AS-IS," without any express or implied warranty. In no event shall the author or NuonSoft be held liable for any damages arising from the use of this software.

- Long version:
This program is distributed "AS IS" and WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING THIS PROGRAM, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE THERE IS ANY RELIANCE ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF ALL USE OF THE PROGRAM COVERED BY THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

ANY LIABILITY OF NUONSOFT WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, IN NO EVENT DOES NUONSOFT AUTHORIZE YOU OR ANYONE ELSE TO USE THIS PROGRAM IN APPLICATIONS OR SYSTEMS WHERE THE PROGRAM'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD NUONSOFT HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO NUONSOFT, IF ANY.

8. SEVERABILITY
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 NUONSOFT OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF NUONSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NUONSOFT LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

10. INDEMNITY
You agree to defend and indemnify NuonSoft against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which NuonSoft may incur as a result of or in connection with your breach of this Agreement.

11. GOVERNING LAW
This agreement shall be governed by the laws of Belgium, excluding the application of its conflicts of law rules, and shall inure to the benefit of NuonSoft 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 Belgium. Licensee irrevocably consents and submits to the personal jurisdiction of said Courts. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12. 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 90 days after your first use of the SOFTWARE.

13. ENTIRE AGREEMENT
This is the entire agreement between you and NuonSoft, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

14. RESERVED RIGHTS
All rights not expressly granted here are reserved to NuonSoft.

15. TERMINATION
You may terminate this License agreement at any time by ceasing to use the SOFTWARE.
This Agreement will terminate immediately and automatically without notice if you breach any provision in this Agreement. Upon termination you will remove all copies of the SOFTWARE or any part of the SOFTWARE from any and all computer storage devices and destroy the SOFTWARE. At NuonSoft's request, you or your authorized signatory will certify in writing to NuonSoft that all complete and partial copies of the SOFTWARE have been destroyed and that none remain in your possession or under your control. The provisions of this Agreement, except for the license grant and warranty, will survive termination.

16. CONTACT INFORMATION
For any legal issues, contact NuonSoft at nuonsoft@nuonsoft.com and include the word "LEGAL" in the subject.

If you want to be up to date with the latest news and the latest versions of our software, check out our website at http://www.nuonsoft.com/.

Use the forum at http://www.nuonsoft.com/forum/ to let us know what you think about the software. You can also report bugs and request new features on the forum.
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