NikSaver 1.63

EULA - End User License Agreement

NIKSAVER

Important Notice

As part of the installation process, you will be asked to accept the terms of this Agreement. This Agreement is a legal contract, which specifies the terms of the license and warranty limitation between you and Kurkov Software for the NIKSAVER software and documentation. You should carefully read the following terms and conditions before installing or using this software. Unless you have a different license agreement obtained from Kurkov Software, installation or use of this software indicates your acceptance of the license and warranty limitation terms contained in this Agreement. If you do not agree to the terms of this Agreement, promptly delete and destroy all copies of the Software.

Versions of the Software

There are two versions of NIKSAVER (registered and evaluation), each of which is subject to this Agreement. UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT.

The registered version requires registration with Kurkov Software, which includes payment of the then current license fee.

The evaluation version is the only version that is provided without charge; however, the evaluation version is not free software. All rights and licenses to the evaluation version automatically expire 30 days after first installation, after which you must register with Kurkov Software and pay the then current license fee. For details on registration methods, please refer to the help file in the software, or contact Kurkov Software

License to Use

One copy of the evaluation version of NIKSAVER may be used by a single person for evaluation purposes without charge up to 30 days. Subsequent downloads of the evaluation version by or for the same user do not extend, renew, or otherwise restart the term of the license for the evaluation version.

One copy of the registered version of NIKSAVER may be used by a single person who uses the software personally. The registered version of NIKSAVER may not be rented, loaned, leased, licensed, or otherwise used, by anyone other than the individual who has registered the software.

Site licenses for NIKSAVER may be obtained from Kurkov Software which cover multiple users at one location or multiple users within a business entity.

You may make a reasonable number of copies of the registered version of the software for backup and archival purposes.

No Additional Licenses

All rights to the NIKSAVER software and documentation not expressly granted under this Agreement are reserved to Kurkov Software You may not translate, decompile, disassemble or reverse engineer the NIKSAVER software or documentation.

Disclaimer of Warranty

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH NIKSAVER MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. IN PARTICULAR, KURKOV SOFTWARE SHALL HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF KURKOV SOFTWARE WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kurkov Software OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF Kurkov Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. Kurkov Software''S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00).

USE OF THIS PRODUCT FOR ANY PERIOD OF TIME CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND SUBJECTS YOU TO ITS CONTENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY. IN SUCH CASE, KURKOV SOFTWARE LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.

US GOVERNMENT RESTRICTED RIGHTS

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 25 2.227-7013.

Copyright (c) 2005 Kurkov Software. All rights reserved.