Read the following license agreement carefully. You must agree to the terms and conditions in order to install the software. If you do not agree, exit this page without downloading, purchasing, or installing.
Definitions:
The "Software" refers to the Intonia program, its documentation, and its license keys. "You" means the person or company who is being licensed to use the Software. "We", "us", and "our" means Gerald J. Agin, and any corporate entity that may be formed in the future to develop and market the Software.
License grant for evaluation:
The Software will expire and not operate thirty days from its first use. The purchase of a license key is required for use beyond thirty days. During the evaluation period, until a license key is issued, the "number of licensed copies" limitation does not apply, but all the other terms of this license remain in effect. Once the evaluation period expires, you may not continue to use the Software.
License grant with a license key:
When a license key is issued, it incorporates the name of the Licensee and the number of copies licensed. The license is non-transferrable, and the name of the licensee is displayed on the splash screen when the program starts up.
The Software is to be used only by the person or organization to whom the license was issued. Neither the number of computers upon which the Software is installed, nor the number of simultaneous users, may exceed the number of copies licensed, with the following exception: If the Software is licensed to an individual for personal use, it may be used on multiple computers owned by that individual or his or her immediate family.
Copyright and Title:
The Software and Documentation are protected by United States Copyright Law and trade secret law, and by international treaty provisions.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect.
Distribution:
The Software is made available for downloading for use by end users according to this License Agreement. The unmodified installation program may be offered for evaluation purposes via download from any Internet web site, BBS, or any other online or offline media, provided that no charge is made except for the media upon which it is distributed. Anyone offering the unmodified installation program must also take reasonable precaution to insure they are distributing the latest version as available from the http://intonia.com website. We reserve the right to revoke distribution rights from anyone at any time without cause.
Restrictions:
You may not modify or adapt the Software or merge it into another program. You may not defeat, circumvent, or spoof the trial period or license key validation. You may not share license keys, or post license keys to public websites. You may not reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the Software. You may not place the Software onto a server so that it is operable via a public network such as the internet (except for the unmodified installation program). You may not sublicense, rent, lease, or lend any portion of the Software or Documentation.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of the Software to you:
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
This license agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
This license agreement is governed by the laws of the State of Pennsylvania.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.