License Agreement for Evaluation of CBB TextPrinter

1. GENERAL TERMS

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,

- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND

- PROMPTLY RETURN THE PROGRAM TO THE PARTY FROM WHOM YOU ACQUIRED IT. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

Arik Yavilevich ("Licensor") is the Copyright owner of CBB TextPrinter.

"CBB TextPrinter" (herein, the "Program") is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation.

"You" ("Licensee") and "Your" refer either to an individual person or to a single legal entity.

"License Information" ("LI") is a document that provides information specific to a Program. The Program's LI is available in a file in the Program's directory, by the use of a system command, or as a booklet which accompanies the Program.

2. ENTITLEMENT

License

The Program is owned by Licensor, and is copyrighted and licensed, not sold.

Licensor grants You a nonexclusive, non-transferable, personal and worldwide license to use the evaluation version of the Program in the development of a single application (herein, the "Licensee Program").

You may 1) use the Program only for internal evaluation, testing, or demonstration purposes, on a trial or "try-and-buy" basis; and 2) make and install a reasonable number of copies, including a backup copy, of the Program to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.

THE PROGRAM MAY CONTAIN A DEVICE THAT WILL MAKE IT WORK DIFFERENTLY DURING THE EVALUATION PERIOD, SO TO ENCOURAGE YOU TO ACQUIRE IT. YOU WILL NOT TAMPER WITH THIS DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT OF THE DIFFERENT BEHAVIOR.

You will 1) maintain a record of all copies of the Program and 2) ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement.

You may not 1) use, copy, modify or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.

The evaluation period begins when You agree to the terms of this Agreement and ends 1) as of the duration or date specified in the License Information, or 2) when the Program automatically disables itself. There is no charge for the use of the Program for the duration of the evaluation period. Unless Licensor specifies in the License Information that You may retain the Program, You will destroy the Program and all copies made of it within ten days of the end of the evaluation period. If Licensor specifies that You may retain the Program, and You elect to do so, the Program will be then subject to a different license agreement, that will be provided to You at that time. In addition, a charge may apply.

Licensor may terminate Your license if You fail to comply with the terms of this Agreement. If Licensor does so, You must destroy all copies of the Program.

3. EXCLUSION OF WARRANTIES

Licensor offers and Licensee accepts the Software "AS IS." Licensor does not warrant the Software will meet Licensee's requirements or will operate uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

4. LICENSEE'S REMEDIES: LIMITATIONS

LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AGAINST LICENSOR ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF RECOVERY SHALL BE, AT LICENSOR'S SOLE DISCRETION, (A) REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENSE FEE PAID BY LICENSEE.

5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall Licensor or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use of or inability to use the Software, even if Licensor or its dealer have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed, some of the foregoing limitations and exclusions may not apply to Licensee.

6. GENERAL

This Agreement shall be interpreted, construed, and enforced according to the laws of the Country of Israel. In the event of any action under this Agreement, the parties agree that courts located in Haifa, Israel will have exclusive jurisdiction and that a suit may only be brought in Haifa, Israel and Licensee submits itself for the jurisdiction and venue of the courts located in Haifa, Israel. This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties.
No officer, salesman, or agent has any authority to obligate Licensor by any terms, stipulations or conditions not expressed in the Agreement. All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this Agreement are void. If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid. This Agreement, and the rights hereunder, may not be assigned by Licensee (whether by oral or written assignment, sale of assets, merger, consolidation or otherwise), without the express written consent of Licensor.
Licensee agrees to be responsible for any and all losses or damages arising out of or incurred in connection with the "Licensee's Program". Licensee agrees to defend, indemnify and hold Licensor harmless from any such loss or damage (including attorney's fees) arising from the use, operation or performance of the "Licensee's Program" or Licensee's breach of any terms of this Agreement. Licensee shall be responsible for paying all state and federal use, sales or value added taxes, duties or governmental charges, whether presently in force or come into force in the future, related to the distribution and sale of the "Licensee's Program" and will indemnify Licensor against any claim made against Licensor relating to any such taxes or assessments.


Copyright (c) 2004-2005 Arik Yavilevich, 5 Haim street, K.Bialik 27076, Israel ALL RIGHTS RESERVED. All product names appearing above are trademarks of their respective owners.