|H Powell Consulting|
|Software for machinists and CNC programmers|
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENCE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL THE SOFTWARE.
This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of H Powell Consulting
All use of the Program is governed by the terms of this End User Licence Agreement ("EULA"). The Program is solely for use by end users according to the terms of the licence Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the licence Agreement is expressly prohibited.
Demonstration mode use. The Program may be installed on any computer and used freely for thirty days from the date of installation. Once the thirty day time limit has expired further use of the Program is prohibited, and a licence must be purchased or the Program uninstalled.
END USER LICENCE AGREEMENT
1. Limited Use Licence . H Powell Consulting hereby grants, and by purchasing the licence and inserting the Activation code you thereby accept, a limited, non-exclusive licence and right to install and use one (1) copy of the Program for your use on either a home or portable computer. The Program is licenced, not sold. Your licence confers no title or ownership in the Program.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by H Powell Consulting
The Program is protected by the copyright laws of the Canada, international copyright treaties and conventions and other laws. All rights are reserved. The Program contains certain licenced materials and H Powell Consulting may act to protect their rights in the event of any violation of this Agreement.
3. Responsibilities of End User.
A. Subject to the grant of licence hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of H Powell Consulting
B. The Program is licenced to you as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own use, but you are not entitled to sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or licence the Program to others without the prior written consent of H Powell Consulting
4. Program Transfer. You may permanently transfer all of your rights under this Licence Agreement, provided the recipient agrees to the terms of this Licence Agreement and you agree to remove the Program from your computer.
5. Termination. This Licence Agreement is effective until terminated. You may terminate the Licence Agreement at any time by deregistering the Program. H Powell Consulting may, at its discretion, terminate this Licence Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately deregister the Program.
6. Limited Warranty. In view of the fact that you can use the program free of charge for thirty days to test its suitability for you, H Powell Consulting Expressly discalims any warranty for the program. The program is provided "as is", without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
The entire risk arising out of use or performance of the Program remains with you, however if the Program was purchased on a Compact Disk or USB flash drive CNC Consulting warrants up to and including 90 days from the date of your purchase of the Program that the Compact Disk or Flash Drive on which the Program is furnished shall be free from defects in material and workmanship.
In the event that the Compact Disk or Flash Drive proves to be defective during that time period CNC Consulting will replace the disk or flash drive.
7. Limitation of Liability. In view of the fact that H Powell Consulting has no control over how this progam is used, H Powell Consulting shall not be liable in any way for loss or damage of any kind resulting from the use of the program including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all commercial damages or losses.
8. Equitable Remedies. You hereby agree that H Powell Consulting would be irreparably damaged if the terms of this Licence Agreement were not specifically enforced, and therefore you agree that H Powell Consulting shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this licence Agreement, in addition to such other remedies as H Powell Consulting may otherwise have available to it under applicable laws.
9. Miscellaneous. This licence Agreement shall be deemed to have been made and executed in the Province of British Columbia, and any dispute arising hereunder shall be resolved in accordance with the law of the Province of British Columbia.
This licence Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this licence Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this licence Agreement shall remain in full force and effect.