PLEASE READ THIS LICENSE AGREEMENT BEFORE ACCEPTING IT AND DOWNLOADING OR INSTALLING THE SOFTWARE. BY DOWNLOADING OR INSTALLING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR INSTALL THIS SOFTWARE.
1.1. The "Product" is any of the filters offered under the name of "Jazzman's Filters", files and descriptions that go with it.
1.2. "Licensee" is the end-User of the product
2. GRANT OF LICENSE
Licensee may download, install and use the Software under the terms and conditions of this Agreement. Licensee may keep as many copies of this software as he/she needs.
Licensee acknowledges and agrees that all rights, titles and the Jazzman name and logo, including all patents, copyrights and other intellectual property are and will remain the property of Frank Eichler. Nothing contained herein will be deemed to grant the User any right, title, the Jazzman name or logo, or any patent, copyright, trademark or other proprietary or intellectual property rights related thereto, other than the license expressly granted in this agreement.
The Licensee may not sell, resell, charge or accept payment for this software. Licensee may use the software for non-commercial (non-profit) applications.
Licensee may not use the software for commercial (profit) purposes. Licensee may not distribute, redistribute or alter this software or any part of it without prior written permission from Frank Eichler. Altering includes but is not limited to substitution, removal or addition of any file or part of files included in the package. User may not reverse compile, disassemble or otherwise reverse engineer the Software. In particular (re-)distribution includes, but is not limited to packaging in CDs/DVDs, making available through download services or file sharing.
Frank Eichler may decide to provide limited internet support via e-mails or any other form he thinks appropriate. Response times are not fixed nor guaranteed and may vary. Frank Eichler is not responsible if support was not supplied to the User.
THIS SOFTWARE IS PROVIDED "AS IS". FRANK EICHLER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL FRANK EICHLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FRANK EICHLER OR ANY OF HIS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL FRANK EICHLER BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE, OR ANY CLAIM BY ANY THIRD PARTY.
7.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements.
7.2. Modification. This Agreement may not be modified, amended, rescinded, canceled or waived, in whole or part, except by mutual consent with a written instrument signed by both parties.
7.3. Waiver. Failure by either party to enforce any rights under this Agreement will not be construed as a waiver of such rights, and a waiver by either party of a default hereunder in one or more instances will not be construed as constituting a continuing waiver or as a waiver in other instances.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND MARTIN VICANEK WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.