Oberin
End User License Agreement

Please read this License Agreement carefully before proceeding. This Agreement licenses Software to you [either an individual or single entity] from Glenn Seemann & David Bourg and contains warrant and liability disclaimers. By installing, copying or otherwise using this Software, you are confirming that you have read and understand this Agreement and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you should not install or use this Software. By installing, copying or otherwise using this Software, you are confirming that you have read and understand the Terms of Service at Oberin.com (http://www.oberin.com/new/modules.php?name=News&file=article&sid=136) 

1. Definitions
"Software" means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided.
"Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Computer" means one central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Permitted Number" means one (1) unless otherwise indicated under a valid license granted by Glenn Seemann & David Bourg.

2. Software License
2.1 As long as you comply with the terms of this End User License Agreement, Glenn Seemann & David Bourg grant to you a non-exclusive license to Use the Software for the purposes described in the Documentation, as further set forth below.
2.2 You may install and Use a copy of the Software on your compatible Computer.
2.3 Backup Copy. You may make backup copies of the Software, provided your backup copy includes all copyright information contained on the original. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided in the Transfer section in this Agreement.
2.4 Except as permitted by applicable law and this License, you may not modify, reverse engineer, disassemble, decompile the Software.

3. Transfer
You may not rent, lease, sell, sublicense, un-bundle and/or repackage for distribution or resale, or authorize all of any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you transfer this Agreement, the serial number(s), Software bundled, packaged or pre-intalled with the Software, including all copies, Updates and prior versions; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally obtained a license to the Software.

4. Termination
Without prejudice to any other rights, Glenn Seemann & David Bourg may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such an event, you must destroy all copies of the Software.

5. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. GLENN SEEMANN & DAVID BOURG SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.

6. Limitation of Liability
IN NO EVENT WILL GLENN SEEMANN & DAVID BOURG, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, EVEN IF GLENN SEEMANN & DAVID BOURG HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Glenn Seemann & David Bourg's liability in connection with the Software, regardless of the form of action, exceed the amount paid for this License to the Software. Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you.

7. Export
You may not download or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. By accepting this agreement you represent and warrant that you: (a) understand that the Software is subject to export controls under the EAR, (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Federal Republic of Yugoslavia (including Serbia but not Kosovo or Montenegro), and Taliban controlled areas of Afghanistan), (c) are not a Denied Party, Specially Designated National, or other person or entity prohibited from receiving exports / re-exports by U.S. law; and (d) will not export, re-export, or transfer the Software to any prohibited destination entity or individual without the necessary export license(s) or authorization(s) from the U.S. Government.



Copyright  2000-2010, Glenn Seemann & David Bourg
All Rights Reserved
