License and Limited Warranty
for tsprof Personal edition, version 2
BitWagon Software, L.L.C.
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
The Software and documentation may not be used, copied, modified, assigned,
or transferred except as expressly provided in this license.
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.
The documentation may be copied to support the use of the Software.
The Software 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 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.
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.
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.
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 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.