TIPPING POINTS TECHNOLOGY and its licensees operate with the following software end-user license agreement. You acknowledge that you have agreed to its terms by downloading and/or using any of TIPPING POINTS's programs.
For the purposes of this agreement, "you" means you, the end user, and TIPPING POINTS means TIPPING POINTS TECHNOLOGY, its employees, and any of the independent developers who have licensed their software to TIPPING POINTS.
You are granted a nonexclusive right to use any of TIPPING POINTS's programs that you have purchased. You may use the programs distributed as "shareware" on a trial basis. Payment of a registration fee entitles you to continue to use the program for which the registration fee was paid.
The software is licensed, not sold. All software, help files, etc are and will remain the property of TIPPING POINTS.
All programs are provides "as is" without any warranty of any kind, either implied or expressed, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with the user. Should the program prove defective, you, and not TIPPING POINTS assumes the entire cost of any necessary repairs or corrections. Because some states do not allow the exclusion of implied warranties, the above exclusion may not apply to you.
TIPPING POINTS does not warrant that the functions contained within any of its programs will meet your requirements or that the operation of any of its programs will be uninterrupted or error free.
In no event will TIPPING POINTS be liable to you for any damages, including, but not limited to, lost profits, business interruptions, or other incidental or consequential damages arising from the use or inability to use the programs (whether or not due to any defects therein) even if TIPPING POINTS has been advised of the possibility of such damages, or for any claim by any other party. Because some states do not allow the limitation or exclusion of liability for consequential damages, the above limitation may not apply to you.
Your use of any software produced by TIPPING POINTS. implies that 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 between you and TIPPING POINTS which supersedes all proposals or prior agreements, oral or written, and all other communications between you and TIPPING POINTS relating to the subject matter of this agreement.
This agreement may only be modified by a written agreement signed by both you and TIPPING POINT. If any portion of this agreement is held invalid, the remainder of the agreement shall still be considered enforceable.