Digibin 1.31

EULA - End User License Agreement

Digibin Copyright 2003 by Sixpence Software
All rights reserved.

This license applies to both the single-licensed version of Digibin and the evaluation version of Digibin. All portions of the license apply to both versions except the section entitled "Scope of License" which contains a portion specified for the single license version of Digibin and a portion specified for the evaluation version of Digibin

Digibin License
Sixpence Software

Your Agreement to this License

You should carefully read the following terms and conditions before installing, using or distributing this software. Your installation, use, or distribution of Digibin indicates your acceptance of this agreement ("License").

If you do not agree to all of the terms and conditions of this License, then do not copy, install, use, or distribute any copy of Digibin.
Scope of License

Single License Version

All rights of any kind in Digibin which are not expressly granted in this License are entirely and exclusively reserved to and by Sixpence Software. You may not modify, reverse engineer, disassemble, decompile, rent, lease, translate, or create derivative works based on, Digibin, nor permit anyone else to do so. You may not make access to Digibin available to others in connection with an application service provider, service bureau, or similar business, nor permit anyone else to do so.

Evaluation Version

Subject to the terms below, you are hereby licensed by Sixpence Software to use one copy of Digibin for evaluation purposes without charge for a period of 7 days. If you use this software after the 7-day evaluation period a registration fee of $29.95 is required. Visit www.sixpencesoftware.com for purchase information.

Unregistered use of Digibin after the 7-day evaluation period is in violation of U.S. and international copyright laws.

You may, without making any payment to Sixpence Software distribute exact copies of this evaluation version of Digibin, if done exclusively through the Internet.

You are specifically prohibited from charging or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise.

All rights of any kind in Digibin which are not expressly granted in this License are entirely and exclusively reserved to and by Sixpence Software. You may not modify, reverse engineer, disassemble, decompile, rent, lease, translate, or create derivative works based on, Digibin, nor permit anyone else to do so. You may not make access to Digibin available to others in connection with an application service provider, service bureau, or similar business, nor permit anyone else to do so.

General

This License is the complete statement of the agreement between the parties on the subject matter, and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of Indiana, without regard to Indiana choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Indiana, specifically the Marion Circuit Court or Marion Superior Court, Civil Division, Indianapolis, Indiana, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Sixpence Software herein. Any waiver by Sixpence Software of any violation of this License by you shall not constitute, nor contribute to, a waiver by Sixpence Software of any other or future violation of the same provision, or any other provision, of this License.

Warranty Disclaimers and Liability Limitations

Digibin, and any and all accompanying software and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied. You acknowledge that good computer use procedure dictates that any program, including Digibin, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Digibin covered by this License. This disclaimer of warranty constitutes an essential part of this License.

Any liability of Sixpence Software will be limited exclusively to refund of purchase price. In addition, in no event shall Sixpence Software, or its principals, officers, employees, or affiliates, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of Digibin, or to your relationship with Sixpence Software. Sixpence Software does not authorize the use of Digibin to perform illegal activities and all liability for such activities is the sole responsibility of the user.

In addition, in no event does Sixpence Software authorize you or anyone else to use Digibin in applications or systems where Digibins failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Sixpence Software harmless from any and all claims or losses relating to such unauthorized use.