The FitalyVirtual software for the Tungsten T3 Handheld (the "Software") is the property of Textware Solutions ("Licensor") and is protected by copyright law. While Licensor continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.
If you do not agree with the terms of this license, you may not use or copy the Software and you should promptly contact Licensor for a full refund prior to any use.
Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
You are hereby licensed to use the Demo Version of the Software for the duration of the evaluation period; make as many copies of the Demo Version of this Software as you wish; give exact copies of the original Demo Version to anyone; and distribute the Demo Version of the Software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You may not charge or request donations for any such copies, however made, and you may not distribute the Software and/or documentation with other products (commercial or otherwise) without prior written permission. You may not create derivative works of the supplied FitalyVirtual image files.
You acknowledge that the Demo Version of the Software contains a device which shall cause it to cease to operate at the end of the evaluation period. You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
If you are the original Licensee of this copy of the Software and are dissatisfied with it for any reason, you may return the complete product, together with your receipt, to Licensor or an authorized dealer, postage prepaid, for a full refund, excluding shipping, at any time during the thirty day period following the delivery to you of the Software.
Licensor warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to you. Licensor does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL LICENSOR'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
The disclaimer and limitations set forth above will apply regardless of whether you accept the Software.
RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable.
This Agreement is governed by the laws of the Commonwealth of Massachusetts. This Agreement may only be modified by a license addendum which accompanies the license or by a written document which has been signed by both you and Licensor.
For questions concerning this Agreement, please write to:
Textware Solutions (a division of JDI Technology Inc.)
58 Lexington Street, Burlington, MA 01803.
U.S. Patent Number: 5,487,616. Others Patent Pending.