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END USER LICENSE AGREEMENT For SpectrumWorx(TM)

IMPORTANT: This SpectrumWorx ("Software") End User License Agreement ("EULA") i


s a legal agreement between you (either an individual or, if purchased for an en
tity, an entity) and Little Endian Ltd ("Little Endian"). READ IT CAREFULLY BEF
ORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. It provides a
license to use this software and contains warranty and liability disclaimers. B
Y INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR FULL AND VOLUNTARY ASSENT TO T
HE TERMS OF THIS LICENSE. If you do not agree to all of the following terms, do
not install the software or discontinue use immediately and destroy all copies
on your computer.
1. License Grants and Purchase:
1.1 Demo Version License. You may use the Demo Version of the Software for fre
e for unlimited time period after installation ("Trial Period"). During the Tria
l Period, Little Endian grants you a limited, non-exclusive and non-transferable
license to copy and use the Software for evaluation purposes only. The evaluati
on copy of the Software is functional, but has limitations. Little Endian reserv
es the right to alter, change, add or remove such limitations in any way and at
any time without prior notice.
1.2 Full Version License. If you continue to use this Software and would like t
o remove the Demo Version limitations, you are required to purchase a license.
1.3 To Purchase License. To purchase one of the licenses specified above, visi
t our web site at http://www.littleendian.com and follow the links.
1.4 Subject to the terms and conditions of this Agreement, you are granted a li
mited non-exclusive license to use the Software on one (1) computer. This Licen
se is not a sale of the Software or any other copy. Little Endian retains title
and ownership of the Software and documentation, including all intellectual pro
perty rights. No title to the intellectual property in the Software is transfer
red to you. You will not acquire any rights to the Software except as expressly
set forth herein.
1.5 Said purchased license shall apply to the current version of SpectrumWorx a
nd any future versions of SpectrumWorx up through and including version 2.9.9.
1.6 Little Endian reserves the right within its sole discretion to modify the t
erms of its license for all future versions of SpectrumWorx.
2. End User Support: At Little Endian discretion, Little Endian may provide li
mited support through email and discussion forums.
3. License Restrictions:
3.1 You may not alter, merge, modify, adapt or translate the Software, or decom
pile, reverse engineer, disassemble, or otherwise reduce the Software to a human
-perceivable form.
3.2 You may not sell, rent, lease, sublicense, transfer, resell for profit or o
therwise distribute the Software, its documentation, or any part thereof.
3.3 You may not modify the Software or create derivative works based upon the S
oftware.
3.4 You may not remove or obscure any copyright and trademark notices relating
to the Software.
4. Ownership and Intellectual Property Rights: This Agreement gives you limit
ed rights to use the Software. Little Endian retains any and all rights, title
and interest in and to the Software and all copies thereof, including copyrights
, patents, trade secret rights, trademarks and other intellectual property right
s. All rights not specifically granted in this Agreement, including Internation
al Copyrights, are reserved by Little Endian. The structure, organization and c
ode of the Software are valuable trade secrets and confidential information of L
ittle Endian.
5. Disclaimer of Warranties: Little Endian does not warrant that the Software i
s error free. Little Endian offers the Software as is and with all faults and by us
ing the Software, you accept it as is and with all faults . Little Endian disclaims
all other warranties, either express or implied, including but not limited to im
plied warranties of merchantability and fitness for a particular purpose. Shoul
d the Software prove defective, you assume the entire cost of all necessary serv
icing, repair or correction. Some jurisdictions may not allow the exclusion of
implied warranties, so the above disclaimers may not apply to you.
6. No Refund: Because the Software is provided free of charge during the Trial
Period to allow potential customers to evaluate and test it before paying the l
icense fee, Little Endian enforces a no-refund policy. Please evaluate and test
the Software carefully during the Trial Period. Once you pay the license fee,
your payment is final and may not be reimbursed.
7. Limitations on Liability: To the maximum extent permitted by applicable law
, Little Endian shall not be liable for any special, incidental, indirect, or co
nsequential damages whatsoever, (including, but not limited to, damages for loss
of profits or loss of confidential or other information, for business interrupt
ion, for personal injury, for loss of privacy, for failure to meet any duty incl
uding of good faith or of reasonable care, for negligence, and for any other pec
uniary or other loss whatsoever), arising out of or in any way related to the us
e or inability to use the Software, the provision of or failure to provide suppo
rt services, or otherwise under or in connection with any provision of this EULA
, even in event of fault, tort (including negligence), strict liability, breach
of contract or breach of warranty of Little Endian, and even if Little Endian ha
s been advised of the possibility of such damages. In any case, Little Endian s e
ntire liability under the provisions of this EULA or the applicable law shall be
limited to the amount paid by you for the Software. Some jurisdictions may not
allow the exclusion of consequential damages, so the above limitations and excl
usions may not apply to you. This Agreement sets forth Little Endian s entire lia
bility and your exclusive remedy with respect to the Software.
8. Termination of EULA: This Agreement is effective until terminated. This Ag
reement, including the license to use the Software, will terminate automatically
if you fail to comply with any term or condition.
9. General:
9.1 Little Endian reserves the right at any time to cease the support of the So
ftware and to alter prices, features, specifications, capabilities, functions, l
icensing terms, release dates, general availability or other characteristics of
the Software.
9.2 If any provision hereof shall be held illegal, invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent necess
ary to make it legal, valid and enforceable, and the legality, validity and enfo
rceability of all other provisions of this Agreement shall not be affected.
9.3 This Agreement is to be governed by and construed in accordance with the la
ws of the Republic of Croatia. Each party for itself and its property, hereby s
ubmits to the jurisdiction and venue of Zagreb, Republic of Croatia in relation
to any claim or dispute that may arise with respect to this Agreement and any ju
dgment that may be rendered in connection with any such claim or dispute. This
Agreement will be will be interpreted as if the agreement were made between Repu
blic of Croatia residents and performed entirely within Republic of Croatia.
9.4 You may not assign this Agreement. Any attempt by You to assign this Agreeme
nt will be null and void.
9.5 This Agreement contains the entire agreement between Little Endian and You
related to the software and supersedes all prior agreements and understandings,
whether oral or written. All questions concerning this Agreement shall be direct
ed to Contact@LittleEndian.com.
Copyright 2010-2012 Little Endian Ltd