Open Source License EULA. Full Version

OPEN SOURCE LICENSE
END-USER LICENSE AGREEMENT
For _________
By Eltima Software

NOTICE TO USER:
Please read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.

1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

"Licensor" means Eltima Software.

"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to You by Eltima Software (collectively, "Updates").

"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

"Licensee" means You or Your Company, unless otherwise indicated.

"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

2. GENERAL USE

You are granted a non-exclusive License to Use the Software for any purposes for an unlimited period of time. The software product under this License is provided free of charge. Even though a License fee is not paid for the use of such software, it does not mean that there are no conditions for using such software:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimers.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution.
The Licensee can redistribute and use in source and binary forms, with or without modification, the Software without restrictions, including without limitation the rights to use, copy, modify, merge and distribute the Software on condition that he may not charge money or fees for the Software product, except to cover distribution costs.
Neither the names of Eltima Software, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission.
The License doesn't include redistribution or customization rights on the graphical user interface (GUI).
You will not have any proprietary rights in and to the Software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the Software.
Use within the scope of this License is free of charge and no royalty or licensing fees shall be paid by You.

3. INTELLECTUAL PROPERTY RIGHTS
This License does not transmit any intellectual rights on the Software. The Software and any copies that you are authorized by Eltima Software to make are the intellectual property of and are owned by Eltima Software and its suppliers. Any copies that You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.

4. WARRANTY
4.1 The Licensor warrants that:

4.1.1 it owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this agreement,
4.1.2 to the best of its knowledge, the Software does not infringe upon or violate any intellectual property right of a third party and the Licensor will indemnify, defend and hold the Licensee harmless in the event of a claim related thereto;
4.1.3 the Software does not contain any back door, time bomb, drop dead device or other routine intentionally designed by the Licensor to disable a computer program or computer instructions that alter, destroy or inhibit the processing environment.

4.2 Except those warranties specified in section 4.1 above, the Software is being delivered to the Licensee "AS IS" and the Licensor makes no warranty as to its use or performance.

The Licensor and its suppliers do not and cannot warrant the performance or results the Licensee may obtain by using the Software.
Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the Licensee in his jurisdiction, the Licensor and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.

5. LIMITATION OF LIABILITY
In no event will the Licensor, Eltima Software, or its suppliers be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.

In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.

6. NON-WAIVER
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.