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EULA for mshcMigrate Shareware

End-User License Agreement for mshcMigrate, Created 3-March-2010

Update: 8 Aug 2012 -- All commercial use of the product requires a license unless you are evaluating etc. [1]

General

  • "The Helpware Group" (also known as "Helpware") is an internet based business run from Melbourne, Australia.
  • "The Product" means "mshcMigrate" shareware product created and owned by Helpware.
  • All Helpware products were created using fully licensed and legal 3rd party software tools.
  • Helpware provide all shareware products "As Is". All software products have been thoroughly tested. However because of the complexity of the software, the dependency on Microsoft APIs and the great variety in today's Windows platforms we can give no absolute guarantees as to the stability and correctness of our products.
  • A "Single License" purchased to operate our product is sold on a per User or per PC basis. You may install the product on 2 PCs (EG. A Home and Work PC) on the condition that only the single authorized licensed holder will operate the products. Several users may share the same license on the condition that the software be installed on a single PC and that only one user will operate the product at anyone time. It is not permitted to install the product on Network or Shared drive unless 3rd party licensing software to enforce proper licensing count is used.
  • Product "mshcMigrate" - mshcMigrate allows you to generate Help output. These files are your property to do with as you please.
  • The license will not expire.

Purchasing a License [1]

  • You are NOT required to buy a license if you just use the tool for experimenting, testing, evaluation, as a teaching or learning aid.
  • If the utility is used for commercial use then we do require you to purchase a license. Entering license codes will disable a nag screen so the utility can be operated in batch mode. You also get support and help us maintain the product into the future.
  • Note that customers who own a copy of FAR HTML version 5.x are already licensed. If you are a licensed FAR HTML 5 user and have FAR 5 installed then the mshcMigrate about box will say "Registered" and you wont see expiration message boxes.

Copyright Notices

All rights in the product including License Agreement Number, copyrights, licensing rights, patents, trademarks, design rights, engineering rights, moral rights, and any other intellectual property rights belong to Helpware. These rights are not transferred as part of this agreement.

No part of the product including the License Agreement may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the purchaser's personal use, without the express written permission of Helpware.

End User License Agreement

This license agreement is a legal agreement between you the end user (either as an individual or an entity) and Helpware. The software and any of its supporting documentation and associated hardware are herein after referred to as the product.

By installing or using the product, you indicate your complete and unconditional acceptance of these terms and conditions. If you do not agree to the terms and conditions of this agreement promptly remove the product form your computer and destroy associated documentation.

Should there be any conflict between the terms and conditions of this agreement and the terms and conditions of any other agreement between you and Helpware or their servants or agents in relation to the product the terms and conditions of this agreement shall apply.

If any provision of this agreement is found to be unlawful or void then that provision shall be severed from this agreement and will not affect the validity of the remaining provisions.

Information contained in the product is subject to change without notice and does not represent a commitment or contracted obligation on the part of Helpware.

Evaluation License Agreement

This Evaluation License Agreement grants you a non-exclusive License to use the product for an evaluation period of thirty (30) days from the date you install the product. On the thirtieth (30) day after you installed the product you must either register the product by means of purchasing a commercial License Agreement from Helpware or destroy all copies of the product in your possession, and any related documentation. The exception to this rule is that you are using the product for infrequent or personal use (see section "Should I Purchase, or is it Free" above).

This License Agreement (including the product) is not transferable. You may not lend, loan, lease, rent, sell or distribute the product (or copies) in any form.

Limitations of Use

You are expressly forbidden from making alterations or modifications to, merge, adapt, de-compile, disassemble, reverse engineer, or attempt to discover the source code without the expressed written permission from Helpware. You are expressly forbidden from using any part of the product in life saving or life critical applications without the expressed written permission from Helpware.

Limitations of Liability

Under no circumstances, including, but not limited to, negligence, shall Helpware, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Helpware services. You specifically acknowledge and agree that Helpware is not liable for any defamatory, offensive or illegal conduct of any user of the free forums created using the Helpware service. If you are dissatisfied with any remotely hosted forum material, or with any of Helpware terms and conditions, your sole and exclusive remedy is to discontinue using Helpware services. In addition, You release Helpware and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of its products or services.

Privacy

Helpware's privacy policy prohibits the use or disclose of customer personal information (eg. user name, email address) to third parties without first seeking customer approval.

Disclaimer

Helpware has provided links and pointers to Internet sites maintained by third parties. Neither Helpware, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Helpware does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Helpware does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Helpware.) assume the entire cost of all necessary maintenance, repair or correction.
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