e-try.com
ELECTRONIC END USER LICENSE AGREEMENT
FOR ETRY.EXE APPLICATION SOFTWARE
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
This e-try.com End User License Agreement accompanies the etry.exe software product and
related explanatory materials ("Software"). The term "Software" also
shall include any upgrades, modified versions or updates of the Software licensed to you
by e-try.com. Please read this Agreement carefully. If you do not wish to accept this
Agreement, you will not be able to install or use the Software.
Upon your acceptance of this Agreement, e-try.com grants to you a nonexclusive license to
use the Software, provided that you agree to the following:
1. Use of the Software.
- You may install the
Software on a hard disk or other storage device; install the Software on a file server and
use the Software over a network; and make backup copies of the Software.
- You may make unlimited
copies of the Software for your personal use, as long as each copy that you make contains
this Agreement, the e-try installer, and the same copyright and other proprietary notices
pertaining to this Software that appear in the Software. You may not make or distribute
copies for any other use.
2. Copyright and
Trademark Rights. The Software is owned by e-try.com and its suppliers, and its structure,
organization and code are the valuable trade secrets of e-try.com and its suppliers. The
Software is protected by United States Copyright Law and International Treaty provisions.
You may use trademarks only as required to comply with Section 1 of this Agreement and to
identify printed output produced by the Software, in accordance with accepted trademark
practice, including identification of trademark owner's name. Such use of any trademark
does not give you any rights of ownership in that trademark. Except as stated above, this
Agreement does not grant you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the Software. You may not
alter or modify the installer program or create a new installer for the Software. The
Software is licensed and distributed by e-try.com for the purposes of viewing e-try
configuration files. You may not use the Software for any other purpose.
4. No Warranty. The Software is being delivered to you AS IS and e-try.com, its customers,
and the Authors of the Software make no warranty as to its uses or performance. e-try.com,
ITS SUPPLIERS, ITS CUSTOMERS, AND THE AUTHORS OF THE SOFTWARE, DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.
e-try.com, ITS SUPPLIERS, ITS CUSTOMERS, AND THE AUTHORS OF THE SOFTWARE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL e-try.com, ITS
SUPPLIERS, ITS CUSTOMERS, OR THE AUTHORS OF THE SOFTWARE BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS,
EVEN IF AN e-try.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the
exclusion or limitation of incidental, consequential or special damages, or the exclusion
of implied warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you.
5. Governing Law and General Provisions. This Agreement will be governed by the laws of
the State of Arizona, U.S.A. This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which is
expressly excluded. If any part of this Agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner prohibited by the United
States Export Administration Act or any other export laws, restrictions or regulations.
This Agreement shall automatically terminate upon failure by you to comply with its terms.
This Agreement may only be modified in writing signed by an authorized officer of
e-try.com.
Unpublished-rights reserved under the copyright laws of the United States.
e-try.com, 1435 North Hayden Road, Scottsdale, Arizona 85257.
e-try and e-try.com are trademarks of e-try.com.
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