License and Limited Warranty
for tsprof, pmprof version 2
BitWagon Software, L.L.C.
This Program and user manual are owned by BitWagon Software, L.L.C.
In return for the price of the product, a non-exclusive License to use
this Program and documentation is granted to the Licensee on the following
The program and documentation may not be used, copied, modified, assigned
or transferred except as expressly provided in this license.
Each License allows the use of the Program on only one named computer (node-locked
The documentation may be copied to support the use of the Program.
The Program may not be decompiled, disassembled, cross-compiled, adapted,
or modified in any way.
The files and information that are distributed in the directory named
may be used, copied, modified, and distributed under the terms
of the GNU General Public License version 2 for the Linux kernel files,
or the GNU Lesser General Public License version 2.1 for non-kernel
All intellectual property rights in the Program and user manual are owned
by Licensor. Without limiting the generality of the preceding sentence,
the Program and user manuals are copyrighted and may not be copied except
as specifically allowed by this License, for backup, and to load the Program
into a computer as part of executing the Program. All other copies of the
Program and any copy of the user manual are in violation of this License.
The copyright protection includes all forms and matters of copyrightable
material and information now allowed by statutory or common law or hereinafter
granted, including, without limitation, material generated from the Program
that is displayed on the screen such as icons and screen displays.
GOVERNMENT RESTRICTED RIGHTS. The program and documentation are
provided with RESTRICTED RIGHTS.
As defined in 48 CFR 2.101 (October 1995), the Software is a "commercial
item" consisting of "commmercial computer software" and "commercial computer
software documentation;" see 48 CFR 12.212 (September 1995). In accordance
with 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4 (June 1995),
all United States Government End Users acquire the Software with only those
rights enumerated in this License.
What Is Covered:
Licensor provides a limited
warranty to the Licensee that the Program will perform substantially in
accordance with the user manual accompanying the Program (subject to the
limitations noted in the user manual).
For How Long:
The limited warranty covering
the Program is made for 30 days from the date of the original delivery
to the Licensee.
Limitation on Remedies:
Licensor will, at its sole option,
either replace or correct the Program if it does not perform substantially
in accordance with the user manual. If Licensor is unable to provide
a corrected Program within a reasonable time, Licensor will, at its sole
and exclusive option, either replace the Programs with a functionally equivalent
Program without charge or refund the fees paid for licensing the Program.
These are the sole and exclusive remedies for any breach of warranty.
In cases where Licensor refunds
the fees paid for licensing the Program, then the License terminates, and
Licensee agrees to stop using the Program and documentation, and to remove,
delete, or destroy all copies.
What Licensor Will Not Do:
Licensor does not warrant that
the Program will meet your requirements or that the operation of the Program
will be uninterrupted or error free. The Program's warranty does not cover
any Program that has been altered or changed in any way. Licensor is not
responsible for problems caused by changes in the operating characteristics
of computer hardware or computer operating systems that are made after
the release of the Program, nor for problems in the interaction of Licensor's
Program with other software.
Limitation of Implied Warranties:
ALL IMPLIED WARRANTIES COVERING
THE PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ARE LIMITED IN
DURATION TO 90 DAYS FROM THE DATE OF ORIGINAL DELIVERY.
LICENSEE AGREES THAT THIS
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF LICENSOR.
LICENSOR DISCLAIMS ALL
WARRANTIES THAT ARE NOT EXPRESSED IN THIS LICENSE.
LICENSOR GIVES NO WARRANTY
OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
LIMITATION OF REMEDIES AND LIABILITY
Neither licensor nor anyone
else who has been involved in the creation, production, or delivery of
the program shall be liable for any consequential or incidental damages,
nor any lost profits, lost savings, or loss of anticipated benefits, arising
out of the use of or inability to use the program. These limitations
apply to all claims arising out of contract, negligence, strict liability
tort, or under any warranty. Licensor's liability for damages in no event
shall exceed the license fee paid for the right to use the program.
Some states do not allow
limitations on how long an implied warranty lasts and some states do not
allow the exclusions or limitations of incidental or consequential damages,
so the above limitations or exclusions may not apply to you.
If any of the provisions or
portions thereof of this License and limited warranty are invalid or unenforceable
under any applicable statute or rule or law, they are to that extent to
be deemed omitted.
The agents, employees, distributors,
and dealers of Licensor are not authorized to modify this License and limited
The United Nations Convention
on the International Sale of Goods does not apply to the Program, this
License, and/or the transaction(s) involving them.
The laws of the State of
Oregon, USA shall apply to all disputes directly or indirectly out of this
License and limited warranty or the use of the Program. The Courts
of the State of Oregon shall have exclusive jurisdiction over all disputes.
No action for any breach of the above warranties may be commenced more
than one year following the expiration date of the above warranties.
Licensee acknowledges that
licensee has read this license, and limited warranty, understands it, and
agrees to be bound by its terms. Licensee further agrees that the license
is a complete and exclusive statement of the agreement between licensee
and licensor and that it supersedes all prior and contemporaneous agreements,
negotiations, discussions, and proposals, oral or written, communications
relating to the subject matter of this license.