HmmnSoft's boot License Agreement





Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using and installing HmmnSoft's Software or, where applicable, clicking on the "I ACCEPT" button at the end of the License you indicate that you have read, understood, and accepted the terms and conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO DOWNLOAD OR INSTALL THE SOFTWARE OR CLICK ON THE "I ACCEPT" BUTTON (WHERE APPLICABLE). If the Software is already downloaded or installed, you should promptly cease using the Software in any manner and destroy all copies of the Software in your possession. You, the user, assume all responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. If you have any questions concerning this, you may contact HmmnSoft via email at boot@hmmn.org



HmmnSoft LICENSE



This HmmnSoft License ("License") is made between HmmnSoft as licensor, and You, as licensee, as of the date of Your use of the Software (defined below). 



Preamble.



This License reflects HmmnSoft's intent to retain full ownership of and control of the use and distribution of HmmnSoft's boot and other software (collectively the "SOFTWARE").



1. License Grant. This License governs your use of HmmnSoft's boot and other software (collectively the "SOFTWARE") as provided to you by HmmnSoft. When you pay the license fee (the "License Fee") established by HmmnSoft, you are authorized to use the software in a specific context only. HmmnSoft grants you a non-exclusive, non-transferable license (the "License") to use the software only in the specific context as follows:



(i) Commercial Use. If your License authorizes Commercial Use, the License granted herein allows you to use the software only on one computer at a time. You may not use the software on more than one computer at one site or on a network. A "network" is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. You will obtain a separate license for each additional user of the software on your site. In no event may the total number of concurrent users of the software at one site (whether or not connected on a network) exceed the number of Licenses granted to you for that site. You may make only one copy of the software for archival or backup purposes. You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the SOFTWARE, in whole or in part, for any form of actual or potential commercial gain or consideration. 



(ii) Evaluation (Trial) Use. If your License authorizes Evaluation (Trial) Use you may use the software only for evaluation purposes without payment of the License Fee for a period of no more than twenty-one (21) days from the date of download or installation into your hard drive. 



(iii) Non-commercial (Educational Use/Educational Site/Home) Use. If your License authorizes Non-commercial Use, you may use the software in a teaching or learning environment or your home for non-commercial use only. You may not use the software on more than one computer at one site or on a network unless your License Key authorizes Site Use. You will obtain a separate License for each additional user at your site. You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the SOFTWARE, in whole or in part, for any form of actual or potential commercial gain or consideration. 



(iv) Other Use. Any use of the software other than the uses specified in Sections 1(i) to (iii) above requires a separate license from HmmnSoft and the payment of additional license fees as determined by HmmnSoft. HmmnSoft reserves all rights not expressly granted to you.



The SOFTWARE is in use on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk or other storage device) of that computer. You will not reproduce or distribute the SOFTWARE in any manner or form. 



4. Term. HmmnSoft may terminate this License immediately and without prior notice if you breach any term of this License or for any reason whatsoever. In the event of any termination or expiration, you agree to immediately destroy and/or erase the original and all copies of the SOFTWARE and any files created using the SOFTWARE and to discontinue their use and you will not retain or store the SOFTWARE or any files created using the SOFTWARE or any copies thereof, in any form or medium. 



5. Proprietary Rights. The SOFTWARE is licensed, not sold, to you. HmmnSoft reserves all rights not expressly granted to you. Ownership of the SOFTWARE and its associated proprietary rights, including but not limited to patent and patent applications, are retained by HmmnSoft and its licensors. The SOFTWARE is protected by the copyright laws of the United Kingdom of Great Britain and Northern Ireland and by international treaties. Therefore, you must comply with such laws and treaties in your use of the SOFTWARE. You agree not to remove any of HmmnSoft's copyright, trade-mark and other proprietary notices from the SOFTWARE



6. Transfer and Use Restrictions. You may not sell, license, sub-license, lend, lease, rent, share, assign, transmit, telecommunicate, export, distribute or otherwise transfer the SOFTWARE to others. You may not modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble the SOFTWARE. In order to use the SOFTWARE you will be required to obtain a license key and agree to a Usage License Agreement for the use of the SOFTWARE.



6. NO WARRANTY. HmmnSoft MAKES NO WARRANTIES WHATSOEVER REGARDING THE SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS. 



7. DISCLAIMER. HmmnSoft DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND HmmnSoft MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.



7. LIMITATION OF LIABILITY. HmmnSoft WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL HmmnSoft'S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU. Further, HmmnSoft will not be liable for any delay or failure to perform its obligations under this License as a result of any causes or conditions beyond HmmnSoft's reasonable control.



8. Entire Agreement. This License and the Usage License Agreement constitutes the entire agreement between you and HmmnSoft regarding the SOFTWARE and all accompanying documentation. If any provision is found to be invalid by a court of competent jurisdiction, the balance of the provisions will remain in full force and effect. This License will be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland. The parties hereby attorn to the jurisdiction of the courts of the United Kingdom of Great Britain and Northern Ireland (England) in the event of any dispute hereunder. The provisions of the U.N. Convention on Contracts For The International Sale of Goods (1980) and any successor Convention, will not apply to this License.



9. Inurement. The rights, restrictions, limitations, disclaimers and remedies granted to, retained by, or for the benefit of HmmnSoft will inure to the benefit of and will be enforceable by HmmnSoft and its licensors, successors and assigns. You may not assign your rights, obligations and interest in and to this License without the prior written consent of HmmnSoft. The obligations, covenants and rights which apply to you will inure to your benefit and will be binding on you and your permitted successors and assigns. 



BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THIS LICENSE, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO DOWNLOAD OR INSTALL THE SOFTWARE OR CLICK ON THE "I ACCEPT" BUTTON (WHERE APPLICABLE).