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NightCal Freeware Licence Agreement

ATTENTION: READ CAREFULLY: By using, copying, or distributing the accompanying software you indicate your acceptance of the following NightCal Freeware Licence Agreement ("Agreement").

1. Licence. Robert Morris (the "Licensor") hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable licence to use the NightCal software product and accompanying documentation (collectively referred to as the "Software"). You may use the Software on any computer in your possession; make copies of the Software; and distribute the Software only in the form originally furnished by the Licensor with no modifications or additions. When distributing the Software you must give any other recipients of the Software a copy of this Agreement. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. The Software must be used for non-commercial purposes only, unless you obtain the prior written consent of the Licensor. Prohibited commercial purposes include, but are not limited to, selling, licensing or renting the Software to third parties. However, media costs associated with the distribution of the Software may be recovered. You may not modify the Software or combine the Software with other commercial applications.

2. Disclaimer of Warranty. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. THE LICENSOR PROVIDES THE SOFTWARE “AS IS”, AND THE LICENSOR DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

3. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF THE LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Termination. You may terminate the licence at any time by destroying all copies of the Software. The licence will terminate automatically if you fail to comply with any provision of this licence. On termination, you must destroy all copies of the Software.

5. Title. Title, ownership rights, and intellectual property rights (including all copyrights therein) in and to the Software, and each copy thereof, shall remain in the Licensor. The Software is protected by the copyright laws of the United Kingdom and by international copyright treaties.

6. Correspondence. All correspondence regarding this licence should be sent to: Email: nightcal@hotmail.co.uk

COPYRIGHT NOTICE:

The Software is Copyright (c) 2004-2006 Robert Morris. All rights reserved.

 

Last updated - 5th February 2006

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Copyright© 2006 Michael Morris