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
This program is provided "as is" without warranties 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 program is with You. Should the program prove defective, You assume the cost of all necessary servicing, repair or correction. In no event will any copyright holder be liable to You for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (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 program to operate with any other programs). 

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 ELTIMA SOFTWARE ON CONDITION THAT THE LICENSEE COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THIS LICENSE.

© 2000-2008 Eltima Software. All rights reserved.