This End-User License Agreement ("EULA") is a legal agreement between you and Business Industrial Network for the Business Industrial NetworkPLC Trainer 3 software ("The Software"). By installing, copying, distributing or otherwise using The Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
If you have not paid the registration fee for The Software, you are hereby granted an evaluation license to use The Software in its unregistered form.
If you have paid the registration fee for The Software, you are hereby granted a license to use The Software as described in Sections 1, 2.1 and Sections 3 - 8 below.
2.1. Registered License
Subject to the terms of this EULA, use one copy of The Software on one computer.
You may not:
Disclose to third parties, or publish your registration details via electronic or other means.
You may not reverse engineer, decompile, or disassemble The Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend The Software except as described in Section 8 below.
4. Transfer of Rights
You may permanently transfer all of your rights under this EULA, provided you retain no copies of The Software, you transfer all of The Software (including all component parts, documentation upgrades, and this EULA), and the recipient agrees to the terms of this EULA.
All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by Koldwater of which Business Industrial Network is the authorized distributor of. All rights not expressly granted are reserved by Koldwater or Business Industrial Network.
6. Limited Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,KOLDWATER AND BUSINESS INDUSTRIAL NETWORK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. KOLDWATER OR BUSINESS INDUSTRIAL NETWORK DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
7. Limitations of Remedies and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOLDWATER OR BUSINESS INDUSTRIAL NETWORK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KOLDWATER AND/OR BUSINESS INDUSTRIAL NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KOLDWATER AND BUSINESS INDUSTRIAL NETWORK'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $5.00 USD. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are hereby licensed to make as many copies of the installation package for The Software as you wish; give exact copies of the original installation package for The Software to anyone; and distribute the original installation package for The Software in its unmodified form via electronic or other means. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing The Software including documentation with other products (commercial or otherwise) without prior written permission from Business Industrial Network. You are also prohibited from distributing components of The Software other than the complete original installation package.