IconEdit2 7.16

EULA - End User License Agreement

ICONEDIT2 END-USER LICENSE AGREEMENT

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR
USING THE ICONEDIT2 SOFTWARE (THE "PRODUCT"), YOU
ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY
TO THIS AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, YOU MUST NOT CLICK THE
"ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE
PRODUCT, AND YOU DO NOT BECOME A LICENSEE UNDER
THIS AGREEMENT.

1. LICENSE AGREEMENT. "Developer" and "Licensor"
shall mean the product developer, Dmitry G.
Kozhinov. IconEdit2 is property of it's
Developer, and is not sold, but licensed for use
at one computer at a time for every Licensee.

2. LICENSE GRANT. Developer grants Licensee a
non-exclusive and non-transferable license to
reproduce and use for personal or internal
business purposes the executable code version of
the Product, provided any copy must contain all
of the original proprietary notices. This
license does not entitle Licensee to receive from
Developer hard-copy documentation, technical
support, telephone assistance, or enhancements or
updates to the Product. Licensee may: (i) Use
registered (unrestricted, fully functional)
version of the the Product at one computer at a
time; (ii) Use unregistered (functionally- or
time-limited) trial version of the Product at any
number of computers. (iii) Make backup copies of
distribution files on various media; (iv)
Transfer distribution files to other potential
users provided that no registration information
distributed and no profit received by Licensee
(except as otherwise expressly permitted in
another agreement for the Product, such as
Affiliate Program agreement).

3. RESTRICTIONS. Except as otherwise expressly
permitted in this Agreement, Licensee may not:
(i) modify or create any derivative works of the
Product or documentation, including
customization, translation or localization; (ii)
decompile, disassemble, reverse engineer, or
otherwise attempt to derive the source or binary
code for the Product (except to the extent
applicable laws specifically prohibit such
restriction); (iii) redistribute, encumber, sell,
rent, lease, sublicense, or otherwise transfer
rights to the Product; (iv) remove or alter any
trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the
Product; (v) Distribute Licensee's registration
information; or (vi) Use registered version of
the Product at more than one computer at a time,
including network access. Additional copies of
the product require separate registration and
licensing.

4. FEES. There is a license fee for the Product.
In order to use unrestricted, fully functional
(registered) version of the Product, Licensee
should pay license fee to the Developer and
receive personal non-distributable registration
information.

5. TERMINATION. Without prejudice to any other
rights, Developer may terminate this Agreement if
Licensee breaches any of its terms and
conditions. Upon termination, Licensee shall
destroy all copies of the Product.

6. PROPRIETARY RIGHTS. Title, ownership rights,
and intellectual property rights in the Product
shall remain in Developer and/or its suppliers.
Licensee acknowledges such ownership and
intellectual property rights and will not take
any action to jeopardize, limit or interfere in
any manner with Developer's or its suppliers'
ownership of or rights with respect to the
Product. The Product is protected by copyright
and other intellectual property laws and by
international treaties. Title and related rights
in the content accessed through the Product are
the property of the applicable content owner and
are protected by applicable law. The license
granted under this Agreement gives Licensee no
rights in or to such content.

7. DISCLAIMER OF WARRANTY. THE PRODUCT IS
PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS
FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE
BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE
IN ANY RESPECT, LICENSEE AND NOT DEVELOPER OR ITS
AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR
RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE
AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS
IMPLEMENTED BY THE PRODUCT HAVE INHERENT
LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE
PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE
PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL DEVELOPER OR ITS AFFILIATES OR THEIR
RESPECTIVE SUPPLIERS OR RESELLERS OR ANY OPEN
SOURCE CONTRIBUTORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE
CLAIM IS BASED. IN ANY CASE, DEVELOPER'S AND ITS
AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN
THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID
FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF
THE PRODUCT RECEIVED BY DEVELOPER UNDER A
SEPARATE SUPPORT AGREEMENT (IF ANY). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU. DEVELOPER IS NOT
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF
CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY
MATERIAL LINKED THROUGH SUCH CONTENT.

9. HIGH RISK ACTIVITIES. The Product is not
fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control
equipment in hazardous environments requiring
fail-safe performance, such as, but not limited
to, the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic
control, direct life support machines, or weapons
systems, in which the failure of the Product
could lead directly to death, personal injury, or
severe physical or environmental damage ("High
Risk Activities"). Accordingly, Developer and
its suppliers specifically disclaim any express
or implied warranty of fitness for High Risk
Activities. Licensee agrees that Developer and
its suppliers will not be liable for any claims
or damages arising from the use of the Product in
such applications.