License agreement

USER LICENSE AGREEMENT
FOR PM SOFTWARE DEVELOPMENT SOFTWARE

This user license agreement (hereinafter the "AGREEMENT") is an agreement between you (individual or single entity) and PM SOFTWARE DEVELOPMENT, setting forth the terms of use for the PM SOFTWARE DEVELOPMENT software and documentation (hereinafter the "SOFTWARE") that is accompanying this AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.

 

OWNERSHIP OF SOFTWARE

PM SOFTWARE DEVELOPMENT retains the copyright, title and ownership of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. The SOFTWARE is not sold to you, it is licensed. PM SOFTWARE DEVELOPMENT grants to you, for an unlimited period of time, a non-exclusive right to use this SOFTWARE, in accordance with this AGREEMENT.

LICENSED VERSION/UNREGISTERED SHAREWARE VERSION

The SOFTWARE may be licensed to you as a LICENSED VERSION or as a free of charge UNREGISTERED SHAREWARE VERSION, for which different terms of use apply, as set out below.

LICENSED VERSION

A LICENSED VERSION of the SOFTWARE means SOFTWARE for which you have obtained a REGISTRATION NUMBER from PM SOFTWARE DEVELOPMENT. You can obtain the REGISTRATION NUMBER from PM SOFTWARE DEVELOPMENT together with the SOFTWARE. Besides you can use the SOFTWARE as a LICENSED VERSION after obtaining a REGISTRATION NUMBER for an UNREGISTERED SHAREWARE VERSION of the SOFTWARE you are using. You will only be licensed to use a LICENSED VERSION of the SOFTWARE if you have paid up all fees due to PM SOFTWARE DEVELOPMENT. The REGISTRATION NUMBER will only be made available if all fees due have been paid up. Without prejudicing the other stipulations of this AGREEMENT, with respect to the use of a LICENSED VERSION of the SOFTWARE, the following applies:

YOU MAY:

1. Install and use one copy of the SOFTWARE on each single computer in your network within one physical location. The number of active users may not exceed the number of users specified in your license.

2. Make one copy of the SOFTWARE for archival purposes only.
 

RESTRICTIONS:

1. Otherwise than authorized herein, you may not copy the SOFTWARE or any portion of it or make any of such available to third parties.

2. Your REGISTRATION NUMBER is personal and may not be passed on or made available to third parties.

3. You may not decompile, disassemble, reverse engineer or modify the SOFTWARE or any portion of it.

 

UNREGISTERED SHAREWARE VERSION

As long as you have not obtained a REGISTRATION NUMBER for the SOFTWARE, you may use the SOFTWARE as an UNREGISTERED SHAREWARE VERSION only, at no charge. Without prejudicing the other stipulations of this AGREEMENT, with respect to the use of an UNREGISTERED SHAREWARE VERSION of the SOFTWARE, the following applies:

YOU MAY:

1. Install and use a copy of the SOFTWARE on one computer only.

2. Make one copy of the installed SOFTWARE for archival purposes only.

 

RESTRICTIONS:

You may not decompile, disassemble, reverse engineer or modify the SOFTWARE or any portion of it.
 

DISTRIBUTION:

The UNREGISTERED SHAREWARE VERSION of the SOFTWARE is shareware software which is made available free of charge. In light thereof, you are hereby licensed to distribute the UNREGISTERED SHAREWARE VERSION of the SOFTWARE, including these terms and conditions, to third parties in the install form (thus INSTALL.EXE), free of charge (except for shipment and handling charges). Therefore you are not licensed to sell the SOFTWARE, to grant sub-licenses or to otherwise make the SOFTWARE available against a (user) fee. You may not distribute the files resulting of an installation.

Computer Magazines are authorized to distribute it at their own expense and risk on any Cover Disk or CD-ROM without any permission, provided the name and reputation of PM SOFTWARE DEVELOPMENT is not damaged.

Please inform us by email: info@pmsoftware.nl each time you distribute the UNREGISTERED SHAREWARE VERSION.

Limited Warranty and Limitation of Liability

The "Limited Warranty And Limitation of Liability" that appears below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. No other warranties are made with respect to the SOFTWARE by any person, including but not limited to PM SOFTWARE DEVELOPMENT and its suppliers.

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, PM SOFTWARE DEVELOPMENT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.

PM SOFTWARE DEVELOPMENT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY PM SOFTWARE DEVELOPMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PM SOFTWARE DEVELOPMENT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Should PM SOFTWARE DEVELOPMENT fail in the performance of one or more of its obligations under this AGREEMENT, your sole remedy will be the replacement of the SOFTWARE, or, at the sole discretion of PM SOFTWARE DEVELOPMENT, a repayment (in whole or in part) of the amount paid for the license to use the SOFTWARE.

PM SOFTWARE DEVELOPMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF PM SOFTWARE DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your right to invoke a defect in the performance of an obligation of PM SOFTWARE DEVELOPMENT will cease to have effect ninety (90) days following the date of delivery to you and/or the date you have downloaded the SOFTWARE.

In no event will PM SOFTWARE DEVELOPMENT’s liability for any damages to you or any other person will exceed the amount paid for the license to use the SOFTWARE.

SUPPORT

PM SOFTWARE DEVELOPMENT will at best efforts support you by way of helpdesk support by e-mail. In respect thereto you may send in your reasonable questions and remarks by e-mail to helpdesk@pmsoftware.nl. Besides, PM SOFTWARE DEVELOPMENT at its sole discretion may make available patches, upgrades and updates of the SOFTWARE via its web site. It is your own responsibility to consult this web site from time to time. This article contains all support obligations of PM SOFTWARE DEVELOPMENT and PM SOFTWARE DEVELOPMENT disclaims all further obligations with respect thereto.

EARLY TERMINATION

PM SOFTWARE DEVELOPMENT shall be entitled to terminate your license with immediate effect in the event you fail to perform any obligation under this AGREEMENT or otherwise infringe on any of the rights (of intellectual or industrial property) of PM SOFTWARE DEVELOPMENT. In such event you will no longer be licensed to use the SOFTWARE.

ASSIGNMENT

Herewith you approve of now for then that PM SOFTWARE DEVELOPMENT assigns (part of) its rights and obligations under this AGREEMENT to a third party.

APPLICABLE LAW AND COMPETENT COURT

Only Dutch substantive law applies to this AGREEMENT. Possible disputes arising out of this AGREEMENT shall in first instance be brought before the Courts of Breda, notwithstanding the right of PM SOFTWARE DEVELOPMENT to bring disputes arising out of this AGREEMENT before any other Court having jurisdiction over your place of business.