***DOWNLOAD LICENSE AGREEMENT***
Refresher, Version 1.2 BETA for WINDOWS
Refresher (c) 2006 Jamie Thompson.
READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE
DOWNLOADING THE INSTALLATION PROGRAM. BY DOWNLOADING AND INSTALLING THIS SOFTWARE
PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE, DO NOT PROCEED TO DOWNLOAD THE APPLICATION.
1. LICENSE TO USE: Jamie Thompson grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software and documentation. For commercial use a commercial license must
be obtained and you must subsequently agree to a commercial use license
agreement! Please contact support@myRefresher.com to obtain a commercial
license.
Free distribution of the application is unrestricted. This license
covers the use of the Refresher application in a home environment.
2. RESTRICTIONS: This software is confidential and copyrighted. Title to
this software and all associated intellectual property rights is retained
by Jamie Thompson. You may not make copies of this software.
3. WARRANTY: No warranty is provided with this software. This software
is provided "AS IS".
4. DISCLAIMER OF WARRANTY: UNLESS SPECIFIED IN THIS AGREEMENT,
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO
THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL JAMIE THOMPSON BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF JAMIE THOMPSON HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Jamie Thompson's
liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you to Jamie Thompson for this software under
this Agreement. The foregoing limitations will apply even if the above stated
warranty fails of its essential purpose. Your details are never shared with a third
party unless requested by law.
6. JURISDICTION: This license shall be governed and interpreted in accordance
with the Laws of the United Kingdom.