BENRUTH INSTANT RSS/XML FEED WRITER License
Copyright (c) 2005, BENRUTH SOFTWARE CONSULTANCY ( www.benruth.com )
All rights reserved.
Important:
Do not use the Instant RSS/XML FEED WRITER software accompanying this Agreement (the "Software") until you have carefully read the following
Agreement. Using the Software (or authorizing any other person to do so) indicates your acceptance of the terms and conditions contained
in this Agreement. If you do not agree with the terms and conditions of this Agreement, promptly return the unused Software and
accompanying items to the place of purchase within 60 days of purchase and your money will be refunded. This Agreement sets forth the
terms and conditions for licensing of the Software from BENRUTH SOFTWARE CONSULTANCY ("Licensor").
License and Certain Restrictions
You are granted a license to use the Software for unlimited domain names. Although you are encouraged to make a backup copy of
the Software for your own use, you are not allowed to make more than two copies for backup purposes. The Software (including any
images, icons, graphics, animations, video, audio, music, and text incorporated into the Software) is protected by copyright laws.
You may not make copies of the Software except for backups. You may not give copies to another person, or duplicate the Software by
any other means, including electronic transmission. The Software contains trade secrets, and in order to protect them you may not
decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt,
translate, rent, sublicense, assign, lease, loan, resell for profit, distribute, or network the Software, disk, or related materials
or create derivative works based upon the Software or any part thereof.
Limited Warranty
The Licensor warrants that (a) its Instant RSS/XML FEED WRITER Software (the "Software") will perform substantially in accordance with
the accompanying written materials for a period of ninety (90) days from the date of receipt and (b) that the medium on which the
Software is contained will be free from defects in materials and workmanship under normal use and service for a period of one (1) year.
In the event applicable law imposes any implied warranties, the implied warranty period is limited to ninety (90) days from the date
of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitation may not apply
to you.
Certain Limitations
Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be
obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software
and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or
untimeliness of the data, or for any delay in RSS/XML FEED WRITERing such data contained in the Software. Various information in the Software
constantly changes, and the information in the Software is only as of a particular date. Licensor does not warrant that the
operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse,
mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software or that it will
meet your requirements.
Customer Remedies
The Licensors and its suppliers entire liability and your exclusive remedy shall be, at the Licensors option, either (a) return of
the price paid for the Software, or (b) repair or replacement of the Software that does not meet this Limited Warranty and which is
returned to the Licensor with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from
accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
No Other Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
SOFTWARE AND ANY RELATED OR ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
No Liability For Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
PRODUCT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LICENSORS AND ITS SUPPLIERS
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
The limitations of damages set forth above fundamental elements of the bases of the bargain between Licensor and you. Licensor would not
be able to provide this product on an economic basis without such limitations.
Miscellaneous
You acknowledge that, in providing you with the Software, Licensor has relied upon your agreement to be bound by the terms of this
Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby
reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement
between you and Licensor, and that the Agreement does not include any other prior or contemporaneous promises, representations, or
descriptions regarding the Software. This Agreement is not, however to limit any rights that Licensor may have under trade secret,
copyright, patent, or other laws that may be available to it. The agents, employees, distributors, and dealers of Licensor are not
authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on
Licensor. Accordingly, additional statements such as dealer or other advertising or presentations, whether oral or written, do not
constitute representations or warranties by Licensor and should not be relied upon. This Agreement may be modified only in writing.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the
remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed
by the Republic of Singapore law (without reference to choice of law principles), except as to copyright and trademark matters,
which are covered by Federal laws. This Agreement is deemed entered into at 25 May 2005 and jurisdiction for resolution of any
disputes shall reside solely in Singapore. This Agreement shall be construed as to its fair meaning and not strictly for or against
either party.