Terms and Conditions
Software License Agreement
Please read the following terms and conditions carefully before proceeding. This legal document is a software license agreement for use of any and all editions and variations of this software application (OSWave System) between you, the licensee, and Oswave Software Ltd., the licensor. By proceeding, you agree that you understand and accept and are bound by these terms and conditions. If you do not agree to these terms and conditions, please do not proceed.
This is not free software. Subject to the terms herein, you are hereby licensed to use this software for private and/or commercial use with time limited functionalities. The licensor grants to you as licensee a non-exclusive right to use this copy of the software on a single device so long as you comply with the terms and conditions herein. You may not use, copy, modify or transfer possession of this software, in whole or in part except as expressly provided for in this license.
These terms come into effect when you purchase a full license for the software from Oswave Software Ltd. This is not free software. Subject to the terms herein, you are hereby licensed to use this software for private and/or commercial use. The licensor grants to you as licensee a onetime, non-exclusive right to display this copy of the software on a single device so long as you comply with the terms and conditions herein. You may not use, copy, modify or transfer possession of this software, in whole or in part except as expressly provided for in this license.
You may not modify, adapt, translate, reverse engineer, de-compile, disassemble or unencrypt the software or parts of the software, or create derivative works based on the software. You may not modify, adapt, translate, or create derivative works based on the associated written materials. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the software or your license information on a temporary or permanent basis. You are specifically prohibited from charging, or requesting donations, for this copy of the software and/or your license information, and from distributing the software, the software documentation and/or the license information.
This software and the associated written materials are the subject of copyright. Unauthorised copying of the software or associated written materials, in whole or in part, is expressly forbidden. You may be held legally responsible for any copyright infringement caused or encouraged by your failure to abide by the terms and conditions of this license.
This software and associated written materials (including any instructions for installation or use) are provided "as is" without warranty of any kind either expressed or implied. Further, the licensor does not warrant, guarantee or make any representations regarding the use, or the results of use, of the software or associated written materials in terms of merchantability, correctness, accuracy, reliability, or fitness for any particular purpose. The entire risk as to the quality and performance of the software is assumed by the licensee. If the software or associated written materials are defective the licensee, and not the licensor or its dealers, distributors, agents, or employees, assume the entire cost of all necessary servicing, repair, or correction. Nor shall any oral or written information or advice given by the licensor or its dealers, distributors, agents, or employees, constitute or give rise to any representation of warranty as to the accuracy or correctness of such information or advice and you shall not be entitled to place reliance thereon. The licensor does not warrant that the functions contained in the software will meet the licensee's requirements or that the operation of the software will be uninterrupted or error free.
In no circumstances shall the licensor nor anyone else who has been involved in the creation, production or delivery of this software be under any liability to the licensee, or any other party whatsoever, for any direct, indirect, consequential or incidental damages (including but not limited to loss of business profits, business interruption, loss of business information, and the like) arising out of, or in connection with any use or inability to use the software, provided that nothing contained herein shall be construed so as to exclude the licensor's liability for negligence in so far only as the same shall result in death or personal injury.
You acknowledge that you have read this license, understand it, and agree to be bound by its terms and conditions. You further agree that the license is the complete and exclusive statement of agreement between us and supersedes any and all proposals or prior agreements, oral or written, and any other communications between us relating to the subject matter of this license.
The terms and conditions of this license shall be governed and construed in accordance with the laws of Delaware and disputes between the parties concerning the provisions hereof shall be determined by the Delaware Court of Law. If any provision of this license is declared void or unenforceable by any judicial or administrative authority, this shall not affect the remaining provisions of the license which shall remain in full force and effect. This license is applicable world-wide.
If you have any questions concerning this license, please write to legal@oswave.com
If you would like a copy of the GPL source code contained in this product shipped to you on CD ROM disc, please send MAC address of the device you purchased the software for, along with a check for $39.95 payable to OSWave Software Ltd., to address:
OSWave Software Ltd.
attn. GPL Compliance
APDO 69-3004
Hereida 3000
Costa Rica
which covers the cost of preparing and mailing a CD to you.
Please do not send cash in the mail as it may be lost. Please note that in extreme situations it may take even up to 6 weeks for some check types to clear.
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