FE-Sizer for Windows, Version 4 - License Agreement

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FE-Sizer for Windows, Demonstration Version Software License Agreement

PRODUCT LICENSE INFORMATION PLEASE FEEL FREE TO:

(i) UPLOAD DEMONSTRATION SOFTWARE TO ANY ELECTRONIC BULLETIN BOARD,

(ii) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES OR

(iii) GIVE COPIES TO OTHERS SO THAT THEY MAY USE IN ACCORDANCE WITH THE LICENSE TERMS CONTAINED IN THIS FILE.

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER. YOUR USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY YOU WITH THE TERMS OF THIS AGREEMENT. THE DEMONSTRATION VERSION OF THE SOFTWARE MAY BE EVALUATED FOR AN UNLIMITED TIME.

This is a legal agreement between you (either an individual or an entity) and Control-Soft Enterprises. By loading the software onto your computer, you are agreeing to be bound by the terms of this agreement. If you do not agree promptly remove the software together with all copies from your computer.

SOFTWARE LICENSE

1. GRANT OF LICENSE. Control-Soft Enterprises grants you the right to use this demonstration SOFTWARE in the unlimited quantity and on the platform(s) as follows: If this SOFTWARE is an upgrade from a previous version, you may utilize either the current or prior version of the SOFTWARE, but never both versions at the same time. This Agreement supersedes any prior version license and governs your use of the SOFTWARE.

For a single-user computer or workstation not attached to a network, or for a network server, the SOFTWARE is considered "in use" when any portion of the SOFTWARE is either loaded into temporary memory, i.e., RAM (Loaded) or stored onto a permanent memory device such as a hard disk (Stored) attached to that computer or workstation. For single-user computers or workstations attached to a network, the quantity of the SOFTWARE "in use" is considered to be the greater of (i) the maximum number of computers on which the SOFTWARE is Loaded at any one time, or (ii) the maximum number of computers on which the SOFTWARE is Stored.

On a multi-user computer, the quantity of the SOFTWARE "in use" is considered to be the maximum number of sessions executed at any one time.

2. COPYRIGHT. The SOFTWARE is owned by Control-Soft Enterprises and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or music).

3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE without the written permission of Control-Soft Enterprises. You may not disassemble, decompile, reverse engineer, duplicate or create a derivative work with the same "look and feel" or otherwise use the SOFTWARE except as stated in this agreement.

4. HOME OR PORTABLE COMPUTER PROVISION. You are authorized to use a copy of the SOFTWARE on a secondary home or portable computer.

5. LIMITED WARRANTY/LIMITATION OF LIABILITY. This SOFTWARE is licensed AS IS. If for any reason you are dissatisfied with the SOFTWARE, remove it from your computer system and destroy all copies.

These warranties are in lieu of any other warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event will Control-Soft Enterprises be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising out of your use of or inability to use the SOFTWARE, even if Control-Soft Enterprises has been advised of the possibility of such damages.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede this limitation. As a result, this limitation of liability may not apply to you if prohibited by the laws of your jurisdiction.

6. INDEMNIFICATION. You hereby agree to save and hold harmless Control-Soft Enterprises from any loss, direct or consequential damage, or claim incurred by you resulting from reliance upon the results obtained through the use of the SOFTWARE.

7. GENERAL. This Agreement will be governed by the laws of the State of Texas. If any provision of the Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

8. CUSTOMER SUPPORT. Control-Soft Enterprises will attempt to answer your technical support request concerning the SOFTWARE; however, this service is offered on a reasonable efforts basis only, and Control-Soft Enterprises may not be able to resolve every support request. Control-Soft Enterprises supports the SOFTWARE only if it is used under the conditions and on operating systems for which the SOFTWARE is designed.

9. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Control-Soft Enterprises, at the address below.

10. QUESTIONS AND COMMENTS. If you have any questions or comments concerning the terms of this Agreement or over the operation of the SOFTWARE, please write to: Control-Soft Enterprises, 9593 Amelia Drive, Anderson, Texas 77830.

Comments or questions? Send mail to jmilling@control-soft.com

Page last revised January 11, 2020