» version 2.1 - posted on 2004-09-03
TRIAL USE LICENCE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY
TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF IP DESKTOP VIEWERSOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
IP DESKTOP VIEWER SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION
IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the IP DESKTOP VIEWER software package ("DESKTOP VIEWER") with which this Agreement is
included by the Association for Shareware Professionals ("IP DETECTIVE").
Different license terms may apply to other software packages or other
materials from IP DETECTIVE, and license terms for later versions of IP DESKTOP VIEWERmay
also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received IP DESKTOP VIEWER in the form of an original IP DESKTOP VIEWER distribution package
as distributed by IP DETECTIVE, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for IP DESKTOP VIEWER are available from IP DETECTIVE and IP DETECTIVE-authorized IP DESKTOP VIEWER
distributors. Copies of IP DESKTOP VIEWER not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use IP DESKTOP VIEWER free of charge, for the purpose of creating,
changing, storing, distributing and transmitting software description
data files in PAD file format(s).
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of IP DESKTOP VIEWER to others, as
long as it is deemed current by IP DETECTIVE.
· store, and distribute and transmit to others, the software
description data files created in PAD file format(s) by proper use of
this version of IP DESKTOP VIEWER ("proper use" is defined below).
· describe and designate the software description data files created
in PAD file format(s) by proper use of this version of IP DESKTOP VIEWER
program ) to others as "PAD" or "Portable Application Description"
"Proper use" of IP DESKTOP VIEWER is use of the IP DESKTOP VIEWER program fully in
accordance with IP DETECTIVE guidelines, as such guidelines may be changed,
clarified or corrected by IP DETECTIVE from time to time. If you have any
questions as to proper use of this IP DESKTOP VIEWER program, or other guidelines
regarding use of the terms "PAD" or "Portable Application
Description", you may contact IP DETECTIVE via the contact information included
in this Original Distribution Package.
(c) You may not:
· permit others to use this IP DESKTOP VIEWER program unless they are properly
licensed by IP DETECTIVE, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this IP DESKTOP VIEWER program.
· copy IP DESKTOP VIEWER except as described above.
· sell or license copies of IP DESKTOP VIEWER to others.
· remove any proprietary notices or labels on IP DESKTOP VIEWER or any other IP DETECTIVE
· use IP DESKTOP VIEWER in or for High Risk Activities (defined below)
(d) All rights not expressly granted by IP DETECTIVE in this Agreement are
entirely and exclusively reserved to IP DETECTIVE.
4. SUPPORT. IP DESKTOP VIEWER contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. PAD FILE FORMAT AND OTHER LICENSES.
(a) The PAD file formats are data file formats that are owned by
solely by IP DETECTIVE, and specified and changed from time to time solely by
(b) This IP DESKTOP VIEWER program, as distributed in this Original Distribution
Package and when properly used as designated solely by IP DETECTIVE, is
intended to create data files in PAD file format(s) endorsed by IP DETECTIVE at
the time this Original Distribution Package was first made publicly
available by IP DETECTIVE. IP DETECTIVE reserves the right to change any PAD file
format at any time at its sole discretion.
(c) You acknowledge and agree that it may become necessary to use
software other than this version of IP DESKTOP VIEWER to create files that may be
referred to publicly by you or others as "PAD" or "Portable
Application Description" files in the future.
(d) If you wish to create PAD format files without using this IP DESKTOP VIEWER
software, there are other ways to do so. For instance, you may build
your own data files in conformance with the then-current PAD file
format specification(s) published by IP DETECTIVE, and distribute those files
under the free, general public license to use the PAD file format, as
published by the IP DETECTIVE.
(e) All use and distribution of PAD format files is subject to
license from the IP DETECTIVE. If you have any questions as to current
specifications or license terms for PAD file format(s), you may
contact IP DETECTIVE via the contact information included in this Original
6. DISCLAIMER OF WARRANTY. IP DETECTIVE DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST IP DESKTOP VIEWER BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING IP DESKTOP VIEWER AND DISTRIBUTING FILES CREATED THROUGH
USE OF IP DESKTOP VIEWER, AND THAT IF YOU USE IP DESKTOP VIEWER IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF IP DESKTOP VIEWER
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL IP DETECTIVE, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF IP DESKTOP VIEWER, FILES
CREATED USING IP DESKTOP VIEWER, OR YOUR RELATIONSHIP WITH IP DETECTIVE. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement.
9. TITLE. IP DETECTIVE or its licensors own the IP DESKTOP VIEWER software, all other
materials in this IP DESKTOP VIEWER Original Distribution Package, the PAD File
Format, and the names and marks "IP DETECTIVE", "PAD", "Portable Application
Description" and "IP DESKTOP VIEWER", under the copyright, trademark, and trade
secret laws and all other laws that may apply.
10. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
IP DESKTOP VIEWER software and all other materials in this IP DESKTOP VIEWER Original
Distribution Package and, at IP DETECTIVEs sole discretion, any or all of the
files created by you using IP DESKTOP VIEWER and distributed to others.
11. HIGH RISK ACTIVITIES. IP DESKTOP VIEWER is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of IP DESKTOP VIEWER
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). IP DETECTIVE and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
12. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and IP DETECTIVE. Waiver by IP DETECTIVE of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to IP DESKTOP VIEWER or to
this Agreement shall be governed by the laws of the Canada and
Alberta choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to IP DETECTIVE or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by IP DETECTIVE herein.