BY USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND ERASE ANY COPIES WHICH YOU HAVE OBTAINED. REDISTRIBUTION NOT PERMITTED UNLESS PROPER LICENSE IS ACQUIRED.

GRANT
Code Laboratories, Inc. (CodeLabs) hereby grants you a non-exclusive license to use its accompanying software product (Software).

You may not: Permit other individuals to use the Software; Modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Software; Copy the Software (except for back-up purposes); Rent, lease, transfer or otherwise transfer rights to the Software or Remove any proprietary notices or labels on the Software.

This license does not grant you any right to any enhancement or updates.

TITLE
Title, ownership rights, and intellectual property rights in and to the Software shall remain with CodeLabs. The Software copyright laws of the United States and international copyright treaties protect the Software. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.

DISCLAIMER OF WARRANTY
The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not CodeLabs assume the entire cost of any service and repair. You must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement.

SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CODELABS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT SHALL (THE CODE LABS) BE LIABLE FOR ANY DAMAGES IN EXCESS OF CODELABS’ LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF CODELABS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

SALES POLICY
CodeLabs software licenses have NO REFUND sales policy. All license sales are FINAL and granted as is.
Before purchasing a license, you are provided with a development evaluation to determine whether the Software fits your business needs, works on your computer, and provides the benefits for which you will purchase the license.
One purchased license equates to one non-refundable, non-transferable device activation token.
You do not have to provide CodeLabs with a credit card or other purchase information when you download, install or use the Software during the development; it is required only when you decide to purchase the software license, at which time the purchase price for the license becomes non-refundable.
You agree that if you do not utilize the developement period that is provided at no charge you voluntarily discharge CodeLabs from the obligation to provide such an evaluation period. No exceptions can be made to this policy.
Your purchases and registered devices will be managed by CodeLabs web based device manager. All data will be transmitted over a secure SSL socket.

REFUNDS
CodeLabs provides a development evaluation version of its software to help you ensure that the software will meet the needs of your specific application or use. It is your responsibility to ask any specific questions about implementation or scalability prior to purchasing any activation licenses. Once an activation licenses has been issued to you, there are no refunds. All sales are final.

ACTIVATION
Each activation license can be used to activate a single device. Once an activation license is used to activate a device, the activation license is used. A used activation license cannot be reused to activate other devices and cannot be restored.

LICENSE REVOCATION
CodeLabs reserves the right to revoke activation licenses, whether used or unused, that were purchased using stolen credit cards or funds, or that have been used to facilitate reverse-engineering of the Software.

TECHNICAL SUPPORT
Technical support may be provided via e-mail and/or website postings. While every effort is made to provided timely fashion, no guarantees whatsoever are implied that technical support will be provided or that technical support, when provided, will be accurate. Support can only be guaranteed to a paying commercial member.

TRANSFER
Software licenses, where applicable, are keyed to the email address from which they were ordered and to which they are sent. CodeLabs will record the email address to which license keys are sent and consider that email address to be the security contact for those licenses. It is your responsibility to inform us if that email address changes or is no longer valid. Without a valid email address we may be unable to provide some support services.

TERMINATION
This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.

MISCELLANEOUS
This agreement represents the complete agreement concerning this license between you and CodeLabs and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Nevada, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.

THE PUBLISHER OF THIS SOFTWARE IS:
Code Laboratories Incorporated
http://codelaboratories.com

© Copyright 2005-2010 Code Laboratories, Inc. All rights reserved.