End User License Agreement
IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or single entity) and Mr. Daniel Hyams of 115 Cresthaven Drive, Madison, AL 35758(“Mr. Hyams”) for the software product “CurveExpert Professional”, which will be designated by the term “Software Product”. The Software Product consists computer software and accompanying electronic documentation. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software Product.
- Grant of License. Mr. Hyams grants to you as an individual, a personal, nonexclusive license to make and use copies of the Software Product. Copies must be made only for backup or archival purposes.
- Shareware version. You are hereby granted a non-exclusive license to use the Software Product for an evaluation period of 30 days, after which you must pay the registration fee to continue using the Software Product. However, use of the Software Product during the 30-day evaluation period is free of charge. Unregistered use of the Software Product after the 30-day evaluation period is in violation of Federal copyright laws and the terms of this EULA. Violators will be prosecuted to the maximum extent under the law. You may make exact copies and distribute the shareware version of the Software Product and its documentation so long as there is no charge applied to distribution of these unmodified copies of the Software Product. You are specifically prohibited from charging or requesting donations for ANY and ALL copies of this Software Product or its documentation. You are prohibited from distributing the Software Product or any portion of the Software Product or its documentation as part of another product (commercial or otherwise) without PRIOR expressed written consent from Mr. Hyams.
- Registered Version If you have registered the Software Product with Mr. Hyams (meaning to remit payment for purchase of the software), the 30-day evaluation period in Section 2 is waived. Mr. Hyams agrees to provide you with valid license key for the Software Product, copied onto media deemed suitable, within 30 days of receipt of payment.
- Reverse engineering. You may not reverse engineer, decompile, or disassemble the Software Product.
- Upgrades. All subsequent versions of the software product fall under the terms of this EULA. Upgrades are designated as software packages of the same name but with an incremented version number.
- Copyright. All title and copyrights in and to the Software Product are owned by Mr. Hyams. The Software Product is protected by copyright laws and international treaty provisions.
- Warranty Disclaimer. The Software Product and the accompanying files are sold “as is” without warranty of any kind. All warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, are expressly and specifically disclaimed.
- Liability. Neither Mr. Hyams or anyone else who has been involved in the creation, production, or delivery of this Software Product shall be liable for any direct, indirect, consequential, special, incidental, or similar damages arising out of the use or inability to use such software even if Mr. Hyams has been advised of the possibility of such damages or claims. In no event shall Mr. Hyams’s liability for any damages ever exceed the price paid for the license to the Software Product, regardless of the form of the claim. The individual using the Software Product bears all risk as to the quality and performance of the Software Product.
- Governing Law. This agreement shall be governed by the laws of the State of Tennessee and shall inure to the benefit of Mr. Hyams, his heirs, successors, and assigns. Any action or proceeding brought by either party against the other arising out of or relating to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Chattanooga, Tennessee. The parties hereby consent to in personam jurisdiction of said courts.