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EULA - End User License Agreement

Freeware License Agreement

Copyright 2002-2005 by Alexander A. Sorkin aka Kibi. All rights reserved.

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

1. LICENSE. Alexander A. Sorkin aka Kibi ("Author") hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use his software product and accompanying documentation (the program's object code and documentation are collectively referred to as the "Software") on the following terms. You may:

a. use the Software on any computer in your possession;

b. make copies of the Software; and

c. distribute the Software (subject to the requirements of Section 2 below) only in the form originally furnished by the Author with no modifications or additions whatsoever. If you have the slightest doubt that your copy of the Software is not original, you must contact the Author for an original copy.

2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions:

Distribution of the Software are permitted provided that the following conditions are met:

a. distributions must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and other materials provided with the distribution;

b. distribution of the Software to third parties must be free of charge (no payment of money or otherwise, whether direct or indirect). However, fee for media, packaging and shipping of the Software may be recovered;

c. any commercial distribution must be expressly authorized by the prior written consent of the Author.

3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients.

4. NO WARRANTY.

BECAUSE THE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE AUTHOR PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING SHALL THE AUTHOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. TERMINATION. The license granted hereunder is effective until terminated by the Author. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement.