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NICK
MANAGER
Evaluation Version
cavadevices.com
Your Agreement to this License
You should
carefully read the following terms and conditions before using,
installing, copying, distributing, or transmitting this software. By
using, installing, copying, distributing, or transmitting NICK MANAGER 1.0
you agree to all of the terms of this agreement ("License").
Please read
the license terms below. If you do not agree to all of the terms of this
License, then do not use, install, copy, distribute, or transmit NICK
MANAGER 1.0.
Scope of License
This is not
free software. Subject to the terms below, you are hereby licensed by
CAVADEVICES.COM to use one copy of nick manager 1.0, on one (1) computer
or workstation, for evaluation purposes without charge for a period of 21
days. If you use this software after the 21-day evaluation period, a
license fee is required. Payments must be in U.S. dollars drawn on a U.S.
bank, and should be sent to CAVADEVICES.COM.
Use of NICK
MANAGER 1.0 after the 21-day evaluation period without payment of the
license fee is a breach of this License and a violation of U.S. and
international copyright laws.
Subject to
all of the terms of this License, you may, without making any payment to
CAVADEVICES.COM.
a.
Give exact copies of this evaluation version of
NICK MANAGER 1.0 personally to anyone;
b.
Distribute exact copies of this evaluation
version of NICK MANAGER, if done exclusively through electronic channels;
and
c.
Make as many exact copies of this evaluation
version of NICK MANAGER 1.0 as you wish, for purposes of distribution as
described in (a) and (b) above.
You are
specifically prohibited from charging, or requesting donations, for any
copies, however made, and from distributing such copies with other
products of any kind, commercial or otherwise, without prior written
permission from CAVADEVICES.COM. CAVADEVICES.COM reserves the right to
revoke the above distribution rights at any time, for any or no reason.
All rights
of any kind in NICK MANAGER 1.0, which are not expressly granted in this
License, are entirely and exclusively reserved to and by CAVADEVICES.COM.
You may not rent, lease, sublicense, modify, translate, reverse engineer,
decompile, disassemble, or create derivative works based on, NICK MANAGER
1.0 , nor permit anyone else to do so. You may not make access to NICK
MANAGER 1.0 available to others in connection with a service bureau,
application service provider, or similar business, nor permit anyone else
to do so.
Warranty Disclaimers and Liability Limitations
NICK
MANAGER 1.0, and any and all accompanying software, files, data and
materials, are distributed and provided "AS IS" and with no warranties of
any kind, whether express or implied, including, without limitation, any
warranty of merchantability or fitness for a particular purpose.
CAVADEVICES.COM does not warrant, guarantee, or make any representations
regarding the use of, or the results of the use of, NICK MANAGER 1.0 .
CAVADEVICES.COM does not warrant that the operation of NICK MANAGER 1.0
will be uninterrupted or error-free.
This
disclaimer of warranty constitutes an essential part of this License.
Except to
the extent expressly prohibited by applicable statutes, CAVADEVICES.COM shall
not be liable for any damage or financial loss arising out of the use of,
or inability to use, NICK MANAGER 1.0 . Any liability of CAVADEVICES.COM
will be limited exclusively to refund of the license fee paid to
CAVADEVICES.COM. Except to the extent expressly prohibited by applicable
statutes, in no event shall CAVADEVICES.COM, or its principals,
shareholders, officers, employees, affiliates, contractors, subsidiaries,
or parent organizations, be liable for any indirect, incidental,
consequential, special, or punitive damages whatsoever relating to the use
of NICK MANAGER 1.0, or to your relationship with CAVADEVICES.COM,
(including, without limitation, loss or disclosure of data or information,
loss of profit, revenue, business opportunity or business advantage, or
business interruption), whether based upon a claim or action of contract,
warranty, negligence, strict liability, contribution, indemnity, or any
other legal theory or cause of action, even if advised of the possibility
of such damages.
In
addition, in no event does CAVADEVICES.COM authorize you or anyone else to
use NICK MANAGER 1.0 in applications or systems where NICK MANAGER 1.0
‘s failure to perform can reasonably be expected to result in a
significant physical injury, or in loss of property, or in loss of life.
Any such use is entirely at your own risk, and you agree to hold
CAVADEVICES.COM harmless from any and all claims or losses relating to
such unauthorized use.
Restricted Rights
NICK
MANAGER is provided with "Restricted Rights". Use, modification,
duplication, release, performance, display, or disclosure by the U.S.
Government or government contractors is subject to the restrictions set
forth in subparagraph (c)(1) and (2) of the Commercial Computer Software
Restricted Rights clauses at 48 CFR 52.227-19, and the provisions relating
to Rights in Commercial Computer Software or Commercial Computer Software
Documentation at 48 CFR 227.7202-3.
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