By installing the SeriousBit Ellipter software (hereinafter "the Software" or "Software"), you are accepting the following Licence Agreement.
LICENCE AGREEMENT.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and SeriousBit for the software product identified above, which may include user documentation provided in online or electronic form. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. GRANT OF LICENCE.
SeriousBit grants to you as an individual or entity a non-exclusive Licence to make and use copies of the SOFTWARE in the manner provided below. The software is licensed, not sold.
(a) Evaluation Licence.
SeriousBit grants to you as an individual, a personal, nonexclusive licence to install the SOFTWARE for the sole purposes of evaluating the SOFTWARE. You may evaluate the SOFTWARE for an unlimited period. You may not under the terms of the evaluation licence distribute any portion of the SOFTWARE or products generated using the SOFTWARE.
(b) Registered Licence.
After you have purchased the licence for the SOFTWARE, and have received a registration code enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licences purchased and activate the SOFTWARE using the supplied registration code. The primary user of the computer on which each registered copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a second computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate licence fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make copies of the SOFTWARE for backup or archival purposes. You have a royalty-free right to distribute the portions of the SOFTWARE designated as "Redistributable Code" under the terms below.
(c) Source Code Licence
If you purchase a license for the SOFTWARE source code neither the source code nor modified source code may be distributed by you to any third party under any circumstances. The Software source code must be protected as you would your own and you expressly and unequivocally agree to be bound by the acts of your employees and agents and the terms of the RESTRICTIONS section below. You may modify the Software source code, however such modifications do not constitute ownership of the source code. Modifications to the Software source code may not be sold, transferred or published in any manner whatsoever. You may distribute the portions of the compiled modified SOFTWARE designated as "Redistributable Code" under the terms below. SeriousBit retains all right, title and interest in and to the SOFTWARE source code.
2. REDISTRIBUTABLE CODE
Portions of the software may be designated as "Redistributable Code". You may copy and distribute the Redistributable Code provided that (a) you distribute the Redistributable Code only in conjunction with and as part of your software product which adds significant and primary functionality to the Redistributable Code, (b) you do not use the SeriousBit name, logo, or trademarks to market your software product, (c) you do not permit further redistribution of the Redistributable Code by your end users, and (d) you agree to indemnify, hold harmless, and defend SeriousBit from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Redistributable Code.
3. OTHER RIGHTS AND LIMITATIONS.
4. TERMINATION. Without prejudice to any other rights, SeriousBit may terminate this EULA if you fail to comply with the terms and conditions. In such event, you must destroy all copies of the SOFTWARE.
5. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by SeriousBit.
6. LIMITED WARRANTY. SeriousBit warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days.
7. CUSTOMER REMEDIES. SeriousBit's entire liability and your exclusive remedy shall be, at SeriousBit's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE.
8. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERIOUSBIT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall SeriousBit be liable for any special, incidental, indirect, or consequential damages whatsoever.