PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE INSTALLING
THE SOFTWARE.
EUGENE GAVRILOV
SOFTWARE LICENSE AGREEMENT:
This is a legal agreement between you (individual
or entity, 'the Licensee') and Eugene Gavrilov
('the Author').
This Agreement states the terms and conditions upon
which Eugene Gavrilov offers to license the Software,
including, but not limited to, the executable programs,
documentation, drivers, libraries, DSP microcode
both in source and in binary form and data files
(including images, sounds, scripts and any binary
and text files) (collectively, the 'Software').
The Software is licensed, not sold, ownership remains
with the Author. By installing, copying, or making any
use of this Software you agree to be bound by the terms
of this agreement. If you do not agree, do not use or
install the Software -- immediately remove any and all
downloaded or installed versions from your computer
system and/or storage archives.
LICENSE:
The Author grants you a conditional license to use the
Software, subject to the terms included herein.
ASSIGN OR TRANSFER OF LICENSE:
License may not be assigned or transferred to another
person or entity, without prior written permission from
the Author.
COPYRIGHT:
This Software is the proprietary property of the Author
and is protected by Copyright Law. You do not acquire
any rights of ownership whatsoever.
DESCRIPTION OF RIGHTS AND LIMITATIONS:
You agree to not permit or cause any removal or
modification of copyright or proprietary notices,
file name changes, or any modification or additions
to the Software files of any kind. You agree the
Software may not be sold or included in any product
or package without specific written permission of
the Author -- and that only sites designated by the
Author are allowed to distribute this Software.
NO OTHER DISTRIBUTION IS ALLOWED.
DECOMPILING, DISASSEMBLING,
OR REVERSE ENGINEERING:
Except to the extent expressly permitted by this
Agreement or by the laws of the jurisdiction where
you are located, you may not decompile, disassemble
or otherwise reverse engineer the Software, or
engage in any other activities to obtain underlying
information that is not visible to the user in
connection with normal use of the Software.
Any human- and machine-readable form of the DSP
microcode ('dump') generated by any utility bundled
with the Software or by any third-party utility is
protected by the license agreement bundled with the
appropriate software package containing this microcode,
regardless the particular copyright notice is present
in the dump.
INFRINGEMENT:
The Author represents and warrants that, as of the
date of this Agreement, he is not aware of any claim
or action alleging that the content of the Software
infringes any third party intellectual property right.
The Author, however, disclaims any obligation of
defense or indemnify of the Licensee or its customer
with respect to any such claim or action, or otherwise
arising out of this agreement.
The Author shall have no liability arising out of any
such actual or alleged intellectual property
infringement. The Licensee, however, shall promptly
notify the Author, in writing, of each such infringement
claim of which the Licensee becomes aware.
TERMINATION:
The Author may terminate this agreement should you
fail to comply with any of these terms and/or
conditions. In such event, you agree to immediately
remove this Software from your computer system and
destroy any copies on hand.
DISCLAIMER OF WARRANTY -- NO WARRANTY:
The Author expressly disclaims any warranty for this
Software, including all descriptions, documentation,
and on-line documentation. This Software is provided
'AS IS' without warranty of any kind, including
without limitation, any implied warranties of fitness
for a particular purpose or result.
Eugene Gavrilov does not warrant that the functions
contained in the Software will meet your requirements
or that the operation of the Software will be
uninterrupted or error-free or free from malicious code.
For purposes of this paragraph, 'malicious code'
means any program code designed to contaminate
other computer programs or computer data, consume
computer resources, modify, destroy, record, or
transmit data,or in some other fashion usurp the
normal operation of the computer, computer system,
or computer network.
LIMITATION OF LIABILITY -- NO LIABILITY:
The Software is provided 'AS IS'. You agree to assume
the entire risk for any damage or result arising from
its download, installation and use, including the license
process. In no event will the Author (or his agents
and/or associates) be liable to you for any direct,
indirect, incidental, special, exemplary or consequential
damages or losses whatsoever, including but not limited
to loss of use, data or profits, damage to data,
property or profits, business interruption, arising from
any use, or from any inability to use said Software.
In no event will the Author (or his
agents and/or associates) be liable for use of this
software for any illegal / criminal purposes.
FINAL PROVISIONS:
This agreement and the interpretation thereof shall be
exclusively subject to the laws of Russian Federation
and International Copyright Law.
If any one stipulation of this License contract should
be or become invalid, completely or in part, this shall
not affect the validity of the remaining stipulations.
The parties undertake instead to replace the invalid
stipulations with a valid regulation which comes as
closely as possible to the purpose originally intended.
Amendments, supplements and notices of termination
of this agreement must be made in writing. The
rescission of this agreement or an alteration to the
requirement of the written form must also be made
in writing.
Subsidiary agreements have not been concluded.
Place of jurisdiction for all disputes is Moscow.
(c) 2001,2002,2003,2004-2010 Eugene Gavrilov. All rights reserved.
Contact information: www.kxproject.com
