End-User License

PowerArchiver End-User License Copyright 1998-2018 ConeXware, Inc. All Rights Reserved.

Usage of this software requires compliance with this license. If you do not agree to the following terms, please do not use, install, or distribute this software.

1.0 Definitions.

1.1 For the purpose of this Agreement, „Software“ shall mean the software identified above, including but not limited to any updates, modifications, revisions, copies, and associated documentation provided by ConeXware, Inc. and its licensors.

2.0 Grant of License.

2.1 Evaluation Terms and Conditions. You may use this Software solely for evaluation purposes without charge for a period of thirty (30) days. You are free to distribute exact copies of the Software to anyone. You are prohibited from selling, or requesting donations, for any copies of the Software you distribute. You must include a copy of this license with any copy of the Software. You may not remove or alter any identification, proprietary notice, label, or trademarks which appear on or in the Software.

2.2 Full License Terms and Conditions. Continued use of the Software after the thirty (30) day evaluation period requires purchase of a full license. If you have not paid the registration fee, you may do so by visiting http://www.conexware.com on the Internet. After you have registered, you may personally use the Software on one or more computers, or allow multiple persons to non-simultaneously use the Software on a single computer, but not both. This is not a concurrent use license. If the Software is installed on a network server and accessed by multiple workstations, you must purchase a license for each computer on which the Software is used. You may not provide third parties access to the Software in connection with a service bureau, application service provider, or similar business, or use the Software in a business to provide file compression, decompression, or conversion services to third parties.

2.3 The Software includes the ability to create self-extracting archives. These self-extracting archives may be freely distributed, without royalty, to anyone. The self-extracting archives contain, among other things, identifying information and proprietary notices. You may not remove or alter any identification, proprietary notice, label, or trademarks which appear on or in these self-extracting archives, nor give anyone permission to do so.

2.4 All rights of any kind in the Software which are not expressly granted in this license are entirely and exclusively reserved to and by ConeXware, Inc. and its licensors.

3.0 Restrictions.

3.1 The information contained in the Software is confidential and proprietary to ConeXware, Inc. and its licensors, and ConeXware, Inc. and its licensors retain title to all copyright, patent, trademark, trade secrets, and other proprietary rights embodied in or related to the Software.

3.2 THE SOFTWARE CANNOT BE MODIFIED. YOU MAY NOT DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE SOFTWARE; EXCEPT AND ONLY TO THE EXTENT PERMITTED APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.

4.0 Term.

4.1 This license is effective until terminated. Failure to comply with any provision provided in this Agreement or the use of the Software in a way not authorized or permitted under this Agreement will result in an automatic termination of this license. You agree upon such termination to destroy or dispose of the Software.

4.2 Paragraph 2.4 and Sections 3.0, 5.0, 6.0, and 7.0, including all paragraphs therein, shall survive termination this Agreement. All other rights and obligations of the Parties shall cease upon termination.

5.0 Upgrades, Maintenance and Support.

5.1 During the term of this Agreement, ConeXware, Inc. is under no obligation to provide upgrades, maintenance, or installation for the Software. ConeXware, Inc. may provide support for the Software as governed by the documentation, and other ConeXware, Inc. materials related to and included with the Software. ConeXware, Inc. reserves the right to revoke or modify support provided for the Software at any time, for any or no reason.

6.0 Limited Warranty and Remedies.

6.1 THE SOFTWARE IS PROVIDED „AS IS“ WITHOUT WARRANTY OF ANY KIND, EITHER OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CONEXWARE, INC. DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

6.2 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR A REPRESENTATION BY CONEXWARE, INC. THAT THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. CONEXWARE, INC. HEREBY EXPRESSLY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING AS A RESULT OF OR IN CONNECTION WITH ANY CLAIM OR SUIT ALLEGING THAT THE DISTRIBUTION OR USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY.

6.3 IN NO EVENT WILL CONEXWARE, INC., OR ITS LICENSORS BE LIABLE FOR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNDER ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR NOT CONEXWARE, INC., OR ITS LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. IN ANY EVENT, CONEXWARE, INC.'S, OR ITS LICENSORS' LIABILITY ARISING OUT OF THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF GOODS OR SERVICES HEREUNDER WILL BE LIMITED TO THE GREATER OF U.S. $1.00 OR THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.

6.4 Some states do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

6.5 This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

7.0 General.

7.1 You agree to obtain any necessary export license or other documentation prior to exportation of the Software and you shall not export the Software or the direct product thereof in violation of the U.S. or other countries' export control laws.

7.2 This Agreement will be governed by the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts in the State of California for the resolution of any dispute or claim arising out of or relating to this Agreement.

7.3 The prevailing party in any legal action arising out of this Agreement shall be entitled to reimbursement for its expenses, including court costs and reasonable attorneys' fees, in addition to any other rights and remedies such party may have.

7.4 BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT RELATED TO THE SUBJECT MATTER HEREOF, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CONEXWARE, INC. RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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