Top Dog Shareware License
and Legal Information.
This Software Distribution
Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT
between you, and the author: S.e.a.n. K.a.h.i.l. (hereinafter referred to as the
"AUTHOR") for use and distribution the computer software program entitled
"Top Dog" (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the
terms and conditions by which AUTHOR will license other parties to use
or distribute the SOFTWARE which is intended solely for use and distribution
as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or
copies of the SOFTWARE is authorized except in compliance with the terms
and conditions herein. Distribution of the SOFTWARE in accordance with
the provisions of this Software License Agreement is encouraged.
You should carefully read the
following terms and conditions before installing or using this SOFTWARE.
Unless you have a different license AGREEMENT signed by AUTHOR, your installation,
use or distribution of this SOFTWARE indicates your acceptance of this
If you do not agree to the
terms of this agreement, do not install SOFTWARE and delete any portions
of SOFTWARE already installed on your disk drive.
AUTHOR hereby grants you a
nonexclusive license to install and use SOFTWARE in machine-readable form
on a single computer for use by a single individual.
2. Terms and Conditions
You may use SOFTWARE with no
payment for a period not exceeding 30 days from the date of first installation
for evaluation purposes only. After this period payment must be made to
AUTHOR according to the terms set out in http://www.Apocgraphy.com/TopDog/Register.htm.
In submitting information to,
or querying the Apocgraphy server (e.g. categorizing emails), you must
insure that the information submitted is as accurate as possible. In no
way may you submit information as part of an automated process or submit
information that is not derived by a human operator. AUTHOR reserves the
right to limit access to the server to a level consistent with a reasonable
level of personal email usage.
AUTHOR reserves the right
to exclude anyone from using SOFTWARE.
AUTHOR retains all right,
title, and interest in and to the SOFTWARE, and any rights not granted
to you herein are reserved by AUTHOR.
You may not reverse engineer,
disassemble, decompile, or translate the Software, or otherwise attempt
to derive the source code of the Software, except to the extent allowed
under any applicable law. If applicable law permits such activities, any
information so discovered must be promptly disclosed to AUTHOR and shall
be deemed to be the confidential proprietary information of AUTHOR.
AUTHOR shall be credited as
the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR
is the exclusive worldwide licenser of the SOFTWARE, and the copyrights
and other proprietary rights therein. The SOFTWARE is intended solely
for distribution as SHAREWARE (i.e., try-before-you-buy software); it
is not public domain or free software or freeware. You may copy and/or
distribute the SOFTWARE only in its original, unaltered form, as a single
installation executable except as provided in this paragraph.
You may copy the Software only
for backup purposes, provided that you reproduce all copyright and other
proprietary notices that are on the original copy of the Software. You
may, and are encouraged to share and/or distribute the "ApocRules.txt"
file which is generated by SOFTWARE and governs the functioning of SOFTWARE.
You may not distribute any copy of the ApocSettings.txt file which is
generated by SOFTWARE.
You may not use, copy, modify,
distribute or transfer the SOFTWARE or any element thereof in whole or
in part, except as expressly provided for herein.
You may not sell, rent or lease
the SOFTWARE to any other party.
AUTHOR reserves the right to
modify the behavior and/or update the contents of the SOFTWARE and its
associated files, documentation and/or other elements, at its discretion
from time to time, without the consent of, or any obligation to, any licensed
users or distributors.
If any provision of this AGREEMENT
is held to be void, invalid or unenforceable, it will not affect the validity
of the balance of this AGREEMENT, which shall remain valid and enforceable
according to its terms and conditions.
3. Disclaimer of Warranty
NO WARRANTY. THE SOFTWARE IS
PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS,
IMPLIED OR STATUTORY. Some jurisdictions do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have other
legal rights which vary between jurisdictions.
4. Limitation of Liability
You agree that your exclusive
remedy against AUTHOR, its and agents of AUTHOR for loss or damage caused
by any defect or failure in SOFTWARE regardless of the form of action,
whether in contract, tort, including negligence, strict liability or otherwise,
shall be the return of the purchase price paid to AUTHOR, if any, or replacement
of SOFTWARE. This agreement shall be construed in accordance with and
governed by the laws of the Province of British Columbia. In any case,
AUTHOR shall not be liable for loss of data, loss of profits, lost savings,
special, incidental, consequential, indirect or other similar damages
arising from breach of warranty, breach of contract, negligence, or other
legal theory even if AUTHOR or its agent has been advised of the possibility
of such damages, or for any claim by any other party.
BY USING AND/OR INSTALLING
THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT
AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU
ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS
OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN
THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.