» version 2.2 - posted on 2004-08-25
END-USER SOFTWARE LICENSE AGREEMENT FOR Wi-Fi WEP Key Generator Utility (All versions) hereafter known as the 'PRODUCT'.
This End-User Software License Agreement ("EUSLA") is a legal agreement between you, either an individual or a single entity, ("Licensee") and Brady & Associates, LLC. ("Licensor") By installing, copying, or otherwise using PRODUCT, the Licensee agrees to be bound by the terms of this EUSLA. If the Licensee does not agree to the terms of this EUSLA, do not install or use the PRODUCT.
a. PRODUCT means all components of the Wi-Fi WEP Key Generator Utility supplied by Brady & Associates, LLC., including but not limited to, computer software, online electronic documentation, HTML files, help text, and PDF files, and may include associated media or printed materials.
b. LICENSE means the rights to use the PRODUCT on a single computer running one of the following operating systems, Windows 95, Windows 98, Windows NT Workstation, Windows 2000 Professional, Windows XP Home or Windows XP Professional.
This LICENSE does NOT include running the PRODUCT on Windows NT Server, Windows 2000 Server or Windows 2003 Server platform products. Please contact Brady & Associates, LLC. for details with regard to running the product on Microsoft Windows Server products.
2. RIGHTS AND LIMITATIONS.
Brady & Associates, LLC grants the user the right to use this product on supported platforms as noted in section 1b.
Brady & Associates, LLC grants the user the right to use this product on a stand alone computer or a computer that is operating as part of a network, provided the following is true:
a. The user has paid the applicable license fees to use the application pursuant to the policies of Brady & Associates, LLC.
b. The user has obtained a valid unlock code for the PRODUCT directly from Brady & Associates, LLC. The use of any unlock code not provided to the user by Brady & Associates, LLC, violates this license agreement and will be interpreted as a violation of the Digital Millennium Copyright Act.
c. The PRODUCT is installed on a single computer, either stand-alone or attached to a network that has direct, or indirect, access to the Internet.
3. LICENSEE'S OBLIGATIONS.
Except as expressly and unambiguously provided herein and as conditions of the Licensee's LICENSE hereunder, the Licensee represents, warrants and agrees:
a. Not to reverse assemble, de-compile, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the PRODUCT or from any other information, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. To keep all copies of the PRODUCT in the possession of the Licensee.
c. Not to sell, give, lend, give access to, or otherwise transfer the PRODUCT, or copies of the PRODUCT to anyone that is not an employee or consultant of the Licensee, or to anyone that is not bound to all of the terms and conditions of this EUSLA.
d. Not to remove from any copies of the PRODUCT any product identification, copyright or other notices.
e. Not to modify, incorporate into or with other software, or create a derivative work of any part of the PRODUCT.
f. Not to modify, decompile, reverse assemble, dis-assemble the software registration features of the PRODUCT for the purposes of defrauding the copyright owner, Brady & Associates, LLC, from collecting LICENSE FEES from the Licensee or other user of the PRODUCT.
4. GOVERNING LAW.
This EUSLA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California and the United States, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this EUSLA or any action relating to the subject matter hereof shall be the Superior Court of Tulare County, California and the U.S. District Court for the District of California. The prevailing party in any action to enforce this EUSLA shall be entitled to recover reasonable costs and expenses, including, without limitation, reasonable attorneys' fees.
5. Export Limitations.
The Licensee shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority. The Licensee agree not to export or re-export, or allow the export or re-export of any product, technology, or information the Licensee obtains or learns under this EUSLA (or any direct product thereof) from the country in which the Licensee has installed and is using the PRODUCT in violation of any such laws, restrictions, or regulations. The PRODUCT is a "commercial item," "commercial computer software," and/or "commercial computer software documentation" as defined under U.S. law in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(1), or otherwise. Consistent with DFAR section 227.7202 and FAR Section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution of the PRODUCT by the U.S. government shall be governed solely by the terms of this EUSLA and shall be prohibited except to the extent expressly permitted in this EUSLA.
6. LIMITED WARRANTY AND DISCLAIMER.
BRADY & ASSOCIATES DOES NOT WARRANTY THIS SOFTWARE IN ANY WAY, SHAPE, OR FORM.
IT IS UP TO THE USER TO DETERMINE WHETHER THE PRODUCT IS SUITED TO HIS/HER PURPOSE.
The PRODUCT is provided to the end-user "AS IS".
a. The user must take all reasonable precautions, i.e., making backups of data, in an unencrypted format, on removable media; keep a permanent, written record of the password used to initialize and encrypt the database; in order to assure their address book contact data is not permanently lost or rendered inaccessible.
b. There are no remedies or recourse available in the event of failure or data corruption. The user is instructed to make regular, periodic backups of the secaddress.tps data file in order to maintain access to their contact data in the event of a computer failure.
7. NO WARRANTIES.
To the maximum extent permitted by applicable law, Brady & Associates, LLC its suppliers, distributors and resellers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the PRODUCT.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Brady & Associates. LLC or its suppliers, distributors and resellers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT, even if Brady & Associates, LLC has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Licensee.
9. CUSTOMER REMEDIES.
The entire liability of Brady & Associates, LLC and the Licensee's exclusive remedy shall not exceed the LICENSE fees paid for the PRODUCT.