END USER LICENSE AGREEMENT
Definitions
The "SOFTWARE PRODUCT" is all files included with this LDLS Bookmark Utility installation program.
The "LICENSEE" is the individual who downloads, receives or installs the SOFTWARE PRODUCT.
"The DEVELOPER" is Stephen Genusa, Tyler, Texas, who is the sole owner of the copyright and all other rights in and to the SOFTWARE PRODUCT.
Application of License
By downloading or installing the SOFTWARE PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms of this License Agreement.
Permitted Uses
You may freely use this product in any way you see fit, without licensing fees, except as noted in the Prohibited Uses clause.
Prohibited Uses
The LICENSEE agrees not to do any of the following unless previously authorized in writing by the DEVELOPER, as doing the following would violate this License Agreement and be grounds for the termination of this License Agreement:
Making available for download or otherwise copying or redistributing the SOFTWARE PRODUCT
Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or organization
Including on any distribution medium (such as a CD-ROM or bundled within a software package) the SOFTWARE PRODUCT
Modifications or Additions
The SOFTWARE PRODUCT may not be modified, reverse engineered or disassembled.
Provided on an "as is" basis
The SOFTWARE PRODUCT is provided on an "as is" basis, and the LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE PRODUCT prove defective, the LICENSEE and not the DEVELOPER assumes the entire cost of service and repair. To the maximum extent permitted by applicable law, the DEVELOPER disclaims all warranties, either express or implied. Particularly, the DEVELOPER makes no warranty of title, no warranty against infringement, no warranty of merchantability, and no warranty of fitness for a particular purpose.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in high-risk activities in any environment where the SOFTWARE PRODUCT could lead to injury or death. The DEVELOPER specifically disclaims any warranties, express implied, of fitness for high-risk activities.
In no event shall the DEVELOPER be liable for any damages (including without limitation, special, direct, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of information, loss of data, and any other pecuniary loss) arising from the installation or any use of this SOFTWARE PRODUCT.
Copyright
The SOFTWARE PRODUCT is copyright ©2003 by Stephen Genusa, all rights reserved. The LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted software but does not gain ownership of the copyright or of the SOFTWARE PRODUCT.
Jurisdiction
This License Agreement is governed by the laws of the State of Texas. Both the LICENSEE and the DEVELOPER submit to the jurisdiction of the courts of the State of Texas. Both the LICENSEE and the DEVELOPER agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Smith County in the State of Texas.