License and Limited Warranty

for  tsprof Personal edition, version 2
BitWagon Software, L.L.C.


LICENSE

 
This Software 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 Software and documentation is granted to the Licensee on the following terms:

        (1)     The Software and documentation may not be used, copied, modified, assigned, or transferred except as expressly provided in this license.
        (2)     The tsprof Personal License allows exactly one natural person to use the Software. A corporation, L.L.C., or other organization may not use the tsprof Personal License. The Licensee may use the Software on more than one computer.
        (3)     The documentation may be copied to support the use of the Software.
        (4)     The Software may not be decompiled, disassembled, cross-compiled, adapted, or modified in any way.
        (5)     The files and information that are distributed in the directory named  src 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 files.
        (6)     All intellectual property rights in the Software and user manual are owned by Licensor. Without limiting the generality of the preceding sentence, the Software and user manuals are copyrighted and may not be copied except as specifically allowed by this License, for backup, and to load the Software into a computer as part of executing the Software. All other copies of the Software 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 Software that is displayed on the screen such as icons and screen displays.
         (7)   U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software 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.

LIMITED WARRANTY

        What Is Covered:

        Licensor provides a limited warranty to the Licensee that the Software will perform substantially in accordance with the user manual accompanying the Software (subject to the limitations noted in the user manual).

        For How Long:

        The limited warranty covering the Software 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 Software if it does not perform substantially in accordance with the user manual.  If Licensor is unable to provide a corrected Software within a reasonable time, Licensor will, at its sole and exclusive option, either replace the Software with a functionally equivalent Software without charge or refund the fees paid for licensing the Software. These are the sole and exclusive remedies for any breach of warranty.

        In cases where Licensor refunds the fees paid for licensing the Software, then the License terminates, and Licensee agrees to stop using the Software and documentation, and to remove, delete, or destroy all copies.

        What Licensor Will Not Do:

        Licensor does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The Software's warranty does not cover any Software 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 Software, nor for problems in the interaction of Licensor's Software with other software.

        Limitation of Implied Warranties:

        ALL IMPLIED WARRANTIES COVERING THE SOFTWARE, 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 Software 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 Software.  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 Software.
        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.
 

GENERAL

        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 warranty.
        The United Nations Convention on the International Sale of Goods does not apply to the Software, 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 Software.  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.

2002-10-10