By downloading, installing, copying, saving or otherwise using this SOFTWARE, YOU (as defined below) become a party to this agreement and YOU are bound by all the terms and conditions of this agreement. If YOU do not agree to any of the terms or any of the conditions, or any of the terms or conditions isn't valid in YOUR country, you must not install or otherwise use SOFTWARE. If you already downloaded or installed SOFTWARE, you must remove the SOFTWARE from YOUR system and destroy all copies.
1. Parties
"AUTHOR" means "GbR Tilo Riemer & Frank Hemer".
"YOU" (or "YOUR") means an individual or a legal entity
exercising rights under, and complying with all of the terms
of, this agreement or a future version of this agreement.
For legal entities, "YOU" includes any entity which controls,
is controlled by, or is under common control with YOU. For
purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of
such entity, whether by contract or otherwise, or (b)
ownership of more than fifty percent (50%) of the outstanding
shares or beneficial ownership of such entity.
2. Definitions
"SOFTWARE" means the binary code of CrossVC XXL with all
its documentation and otherwise bundled files, in whole or in parts.
"SOFTWARE-Lite" applies only to the CrossVC XXL Shareware version.
"SOFTWARE-Professional" applies only to the CrossVC XXL Professional
version.
3. Grant of license
SOFTWARE is owned and copyrighted by AUTHOR. It is licensed, not sold.
Title to SOFTWARE and all associated intellectual property rights
are retained by AUTHOR. AUTHOR grants YOU a non-exclusive and
non-transferable right to use SOFTWARE for lawful purposes under
certain obligations and limited rights as set forth in this agreement.
4. SOFTWARE-PROFESSIONAL Demo license
YOU have a non-exclusive, non-transferable license to
load and execute a unregistered copy of SOFTWARE-PROFESSIONAL
for a period of thirty one (31) days (the "Evaluation Period").
The unregistered copy of SOFTWARE-PROFESSIONAL may only be used
for evaluating and testing purposes and not for general use.
The unregistered copy of SOFTWARE-PROFESSIONAL may contain a
feature that will automatically disable the SOFTWARE after
the end of the Evaluation Period. If you agree to this
license agreement and pay the license fee, AUTHOR will
deactivate this feature. YOU must not disable, destroy or
remove this feature and any attempt to do so will terminate
YOUR license and rights under this agreement.
5. Limited warranty
If YOU have paid a license fee for SOFTWARE, AUTHOR warrants
to YOU for a period of ninety (90) days from the date of
purchase, as evidenced by a copy of the receipt, the media
on which SOFTWARE is furnished (if any) will be free from
defects in material and workmanship under normal use.
Except for the foregoing, SOFTWARE is provided "AS IS".
6. Disclaimer of warranty
Unless specified in this agreement, all expressed or
implied conditions, representations and warranties, including
any implied warranty of merchantability, fitness for a
particular purpose or non-infringement are disclaimed.
7. Limitation of liability
To the extent not prohibited by law, in no event AUTHOR
or any third-party-developer will be liable for any lost
revenue, profit or data or for special, indirect,
consequential, incidental or punitive damages, however
caused regardless of the theory of liability, arising
out of or related to the use of or inability to use
SOFTWARE, even if AUTHOR has been advised of the possibility
of such damages.
Solely YOU are responsible for determining the appropriateness
of using SOFTWARE and accept full responsibility for all
risks associated with its exercise of rights under this
agreement, including but not limited to the risks and costs
of program errors, compliance with applicable laws, damage
to or loss of data, programs or equipment, and
unavailability or interruption of operations.
In no event will AUTHOR's liability to YOU, whether in
contract, tort (including negligence) or otherwise, exceed
the amount paid by you for SOFTWARE under this agreement.
The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose.
YOU acknowledge, that it is in the nature of software
that software is complex and not completely free of errors.
If the foregoing limitations are prohibited by YOUR
countrie's law or by the countrie's law where SOFTWARE
should be used, SOFTWARE must not be used!
8. Disclaimer of damages
In no event shall AUTHOR or any third-party-developer
be liable to you under any theory for any damages
suffered by YOU or any user of SOFTWARE or for any
special, incidental, indirect, consequential or similar
damages (including without limitation damages for loss
of business profits, business interruption, loss of
business information or any other pecuniary loss)
arising out of the use or inability to use SOFTWARE,
even if AUTHOR has been advised of the possibility of
such damages and regardless of the legal or quitable
theory (contract, tort or otherwise) upon which the
claim is based.
SOFTWARE has been created using technologies that are
not fault tolerant and thus the Software is not designed,
manufactured, or intended for use in hazardous
environments including, but without limitation, in the
operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life
support machines, or weapons systems, in which the
failure of the technologies employed in the Software
could lead directly to death, personal injury, severe
physical, environmental or monetary damage.
9. Termination
This agreement is affected until terminated. YOU may terminate
this agreement at any time. This agreement will terminate
immediately without notice from AUTHOR if YOU fail to comply
with the terms and conditions of this agreement. Upon
termination, YOU must delete SOFTWARE and all copies of
SOFTWARE.
YOU agree that upon termination of this agreement for
any reason, AUTHOR may take actions so that SOFTWARE
no longer operates.
10. Governing law
This agreement will be governed by the laws of Germany,
without reference to conflict of laws principles. YOU
agree that any litigation relating to this agreement may
only be brought in and shall be subject to the
jurisdiction of Dresden (Germany) City Court.
11. Severability
If any provision of this agreement is held to be
unenforceable, this agreement will remain in effect
with the provision omitted, unless omission would
frustrate the intent of the parties, in which case
this agreement will immediately terminate.
12. Integration
Some parts of SOFTWARE are copyrighted by third-parties:
PAgeant, PLink. PScp, Putty and PuttyGen from Simon Tatham is bundled to SOFTWARE's
binary packages, released under MIT license, available at:
http://www.chiark.greenend.org.uk/~sgtatham/putty/licence.html
Copyright 1997-2007 Simon Tatham
A modified version of OpenBSD diff is used in SOFTWARE. The OpenBSD diff is released
under the BSD license (see below).
Copyright 1991, 1993 The Regents of the University of California
Copyright 1998, 2003 Todd C. Miller
Copyright 2001-2002 Caldera International Inc.
BSD License (regarding the University of California):
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
13. Reservation of rights
All rights not expressly granted in this agreement are reserved
by AUTHOR. AUTHOR reserves the right at any time to cease the
support of SOFTWARE and to alter prices, features,
specifications, capabilities, functions, licensing terms,
release dates, general availability or other characteristics
of the SOFTWARE.
Gbr Tilo Riemer & Frank Hemer, 2006
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published
by the Free Software Foundation, version 2 of the License.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
See the
GNU General Public License version 2 for more details.