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ManageBGL diabetes manager License Agreement (EULA)

From DataMystic

This program and the accompanying files and documentation are Copyright (c) 1990- 2012 DataMystic All rights reserved This file contains our end user license. It also explains the terms of the Commercial License where they're different from the Evaluation License. If you have any questions, please contact us at Address: DataMystic 5 Bond St Mt Waverley Victoria 3149 AUSTRALIA Phone: +61-3 9913-0595 (GMT+10 hours) Email: [email protected] Web: http://datamystic.com ==================================================================== Plain English Evaluation License Agreement and Limited Warranty 1. SUMMARY. You may install this SOFTWARE on as many computers as your license allows, and no more: * Desktop Edition/Single User Edition/Personal Edition/Single User Pack May be installed on ONE (1) non-server class computer ONLY * 5 User Pack May be installed on UP TO FIVE (5) non-server class computers ONLY * 10 User Pack May be installed on UP TO TEN (10) non-server class computers ONLY * Server Edition May be installed on ONE (1) server class computer ONLY * Site Edition/Educational Site May be installed on ALL computers at one site * Company Edition/University Edition May be installed on ALL computers directly owned by a company (but not on client's computers) This is a legal agreement between you and CRYSTAL. By using the SOFTWARE you are agreeing to be bound by the terms of this Agreement. Do not use the SOFTWARE if you do not agree to the terms of this Agreement. 2. DEFINITIONS. In this agreement: * "SOFTWARE" means the computer program you have purchased or obtained for evaluation, including the program, associated documentation and other materials; * "Evaluation Copy" means a copy of the SOFTWARE distributed by us or by our authorised agents for evaluation purposes and which is described as an "Evaluation Edition" or a "Shareware Edition" by the SOFTWARE's "About" screen; * "Commercial Copy" means a copy of the SOFTWARE purchased from us or from a dealer, and is NOT described an an Evaluation Copy by the SOFTWARE's "About" screen. The actual description may include "Desktop Edition", "Single User Edition", "Personal Edition", "Server Edition", "Site Edition" or "Company Edition" or other variations depending on the version purchased; * "you" means the end user of the SOFTWARE. This can be either an individual or an entity; * "server class" means a computer designated as a file server, database server, application server or other kind of server; * "CRYSTAL" means DataMystic, an Australian corporation (address shown above). 3. GRANT OF LICENSE. CRYSTAL grants you the right to INSTALL this software on as many computers as you have purchased a license for. You may NOT install it on computers that you do not have a license for. The SOFTWARE is "installed" on the computer when it is loaded into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of the computer. 4. COPYRIGHT. The SOFTWARE is owned by CRYSTAL and is protected by copyright laws and international treaty provisions and all other applicable national laws. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording) except that you may make one copy of the SOFTWARE solely for backup or archival purposes. You may not copy the user documentation provided with the SOFTWARE. 5. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You must not copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the SOFTWARE, merge the SOFTWARE or any part thereof with any other software or change any SOFTWARE in whole or in part, nor allow any other party to do so. You must not alter or remove any copyright or other intellectual property notifications applied to the SOFTWARE. You acknowledge that the SOFTWARE and the copyright, and other intellectual property rights of whatever nature in the SOFTWARE are not your property and contain valuable proprietary information and trade secrets and that this license confers no title or ownership in the SOFTWARE and no rights in any associated source code, and is not a sale of any rights in SOFTWARE. 6. EVALUATION PERIOD. You may use an Evaluation Copy of the SOFTWARE for up to 30 days in order to determine whether it meets your needs. While you are evaluating the SOFTWARE, you may use it on as many computers as are required to perform your evaluation. Your evaluation period begins when you first install the SOFTWARE on one or more computers for evaluation purposes. Once the evaluation period is over you MUST PURCHASE THE SOFTWARE or REMOVE IT FROM ALL COMPUTERS. 7. MAKING AND DISTRIBUTING EVALUATION COPIES OF THE SOFTWARE. You may make copies of your Evaluation Copy of the SOFTWARE to give to others, as long as you include all of the files that you originally received with your Evaluation Copy. When you give an Evaluation Copy of the SOFTWARE to another person, you agree to inform them that their copy is to be used for a time-limited evaluation period, and that they must purchase a Commercial Copy if they continue to use the SOFTWARE once the evaluation period has ended. You agree not to sell Evaluation Copies of the SOFTWARE or distribute them to others for any kind of compensation or fee unless the fee solely covers your costs in providing it to the end user. 8. OPERATION OF THE SOFTWARE. The SOFTWARE offers powerful capabilities. If you do not follow our instructions, or if you use the SOFTWARE improperly, you can destroy files or cause other damage to your software and data. You assume full responsibility for the selection and use of the SOFTWARE to achieve your intended results. 9. LIMITED WARRANTY. The following limited warranty applies to Commercial Copies of the SOFTWARE. It is included here so you understand what your warranty will be when you purchase a Commercial Copy. This warranty does NOT apply to Evaluation Copies of the SOFTWARE. Bugs and SOFTWARE Errors. We don't promise that the SOFTWARE will be free of bugs or errors. If you report an error or bug to us, we will use our best efforts to correct it. 10. DISCLAIMERS AND LIMITATIONS. And now the legal language we couldn't avoid: DISCLAIMER FOR EVALUATION COPIES: YOU ARE NOT PAYING FOR THE TRIAL USE LICENSE FOR YOUR EVALUATION COPY OF THE SOFTWARE. ACCORDINGLY THE EVALUATION COPY IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND. DISCLAIMER FOR COMMERCIAL COPIES: Except for the limited warranty stated above, we disclaim any and all other warranties, express or implied, oral or written, including any implied warranties of merchantability or fitness for a particular purpose. The limited warranty above gives you specific legal rights, but you may have other rights, depending on where you purchased the SOFTWARE. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE SOFTWARE OR YOUR RELATIONSHIP WITH US. SOME COUNTRIES OR STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 11. This agreement is to be interpreted under the laws of the state of Victoria, Australia. END OF LICENSE AGREEMENT
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