Powershrink - EULA

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PowerShrink End user license agreement

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL

AGREEMENT. USE OF THE SOFTWARE (PowerShrink) PROVIDED WITH THIS

AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR

ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE

TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS

SOFTWARE. USER`S USE OF THIS SOFTWARE IS CONDITIONED

UPON COMPLIANCE BY USER WITH THE TERMS OF THIS

AGREEMENT.







1. LICENSE GRANT.

TopByteLabs grants you a license to use this SOFTWARE

free of charge on any hardware product during any period

of time. "You" means the company, entity or individual.

"Use" means storing, loading, installing, executing or

displaying the SOFTWARE.

Permission to distribute the SOFTWARE is not transferable,

assignable, saleable, or franchisable. Each entity wishing

to distribute the package must independently satisfy the terms

of the distribution license.



You may not alter or modify the SOFTWARE, nor give anyone

permission to do so.



2. OWNERSHIP.

The SOFTWARE is owned and copyrighted by TopByteLabs Ltd.

Your license confers no title or ownership in the SOFTWARE

and should not be construed as a sale of any right in the SOFTWARE.





3. UNAUTHORIZED USE.

You may not use, copy, rent, lease, sell, modify, compile, disassemble,

otherwise reverse engineer, or transfer the SOFTWARE except as provided

in this agreement. Any such unauthorized use shall result in immediate

and automatic termination of this license.





4. NO OTHER WARRANTIES.

TopByteLabs does not warrant that the SOFTWARE is error free.

TopByteLabs disclaims all other warranties with respect to

the SOFTWARE, either expressed or implied, including but

not limited to implied warranties of merchantability, fitness

for a particular purpose an non infringement of third party rights.





5. LIMITED WARRANTY.

This SOFTWARE is provided on an “as is” basis. Neither TopByteLabs Ltd. nor

anyone else who has been involved in the creation, production or delivery

of this SOFTWARE shall be liable for any indirect, consequential,

or incidental damages arising out or the use or inability to use

such SOFTWARE, even if TopByteLabs Ltd. has been advises of the possipility

of such damages or claims. The person using the SOFTWARE bears all risk

as to the quality and performance of the SOFTWARE



In no event shall TopByteLabs Ltd., or its principals, officers, shareholders,

affiliates, employees, contractors, subsidiaries, or parent organizations,

be liable for any incidental, consequential, or punitive damages whatsoever

relating to the use of the software, or your relationship with TopByteLabs Ltd.



In addition, in no event does TopByteLabs Ltd. authorize you to use the SOFTWARE in

applications or systems where the SOFTWARE failure to perform can reasonably

be expected to result in a significant physical injury, or in loss of life.

Any such use by you is entirely at your own risk, and you agree to hold TopByteLabs Ltd.

harmless from any claims or losses relating to such unauthorized use.



This Agreement shall be governed by the laws of Germany, Frankfurt.





6. SEVERABILITY.

In the event of invalidity of any provision of this license, the parties agree

that such invalidity shall not affect the validity of the remaining portions of

this license.





7. ENTIRE AGREEMENT.

This is the entire agreement between you and TopByteLabs which supersedes any

prior agreement or understanding, whether written or oral, relating to

the subject matter of this license.





8. RESERVED RIGHTS.

All rights not expressly granted here are reserved to TopByteLabs Ltd.