This legal document is an agreement between you, the end user, and CimQuest, Inc.
This agreement constitutes the complete agreement between you and CimQuest, Inc. (hereinafter "CimQuest"). If you do not agree to the terms of this agreement, do not open the Disk Package. Promptly return the unopened disk package and the other items (including Written Materials, Binder, or other containers) that are part of this product, to the place where you obtained them for a full refund.
Grant of license
In consideration of payment of the License fee, which is a part of the price you paid for this product, CimQuest, as licensor, grants you, the licensee, a non-exclusive right to use and re-distribute applications developed with the IN-GEAR32 program (hereinafter the "SOFTWARE"). CimQuest retains ownership of the SOFTWARE recorded on the original disk copy(ies) and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original SOFTWARE or any copy.
Restrictions
This SOFTWARE and the accompanying written material are copyrighted. You may freely redistribute the IN-GEAR32 software components with your compiled .EXE applications with the following restrictions:
a). the IN-GEAR32 tools are not used, or part of a commercially offered product.
b). the IN-GEAR32 tools are not used, or part of competitive products or tools.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate, or create derivative works based on the written materials.
License Transfer
As the original LICENSEE, you may transfer the LICENSE to anyone by first notifying CimQuest in writing.
Termination.
This License is effective until terminated. This License will terminate automatically without notice from CimQuest if you fail to comply with and provision of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
Update Policy
CimQuest may create, from time to time, updated versions of the SOFTWARE. At its option, CimQuest will make such updates available to the LICENSEE or transferees who have registered the SOFTWARE with CimQuest.
Miscellaneous
This Agreement is governed by the laws of the State of Delaware.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
The SOFTWARE ,HARDWARE, and accompanying written materials (including instructions for use) are provided "as is" without warranty of any kind. Further, CimQuest does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the SOFTWARE or written materials in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you. If the SOFTWARE or written materials are defective, you, and not CimQuest, or its dealers, distributors, agents, or employees, assume the entire cost of all necessary servicing, repair, or correction. CimQuest warrants to the original LICENSEE that the disk(s) on which the SOFTWARE is recorded is free from defects in material and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. Further, CimQuest hereby limits the duration of any implied warranty(ies) on the disk to the periods stated above. Some states do not allow limitations on duration of an implied warranty, so the above information may not apply to you. CimQuest’s entire liability and your exclusive remedy as to the disk(s) shall be, at CimQuest's option, either (a) return of the purchase price or (b) replacement of the disk that does not meet CimQuest's Limited Warranty and which is returned to CimQuest with a copy of the receipt. If failure of the disk has resulted from accident, abuse or misapplication, CimQuest shall have no responsibility to replace the disk or refund the purchase price. Any replacement disk will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. The above are the only warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of the merchantability and fitness for a particular purpose that are made by CimQuest on this CimQuest product. No oral or written information or advice given by CimQuest, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights which vary from state to state. Neither CimQuest, nor anyone else who has been involved in the creation, production, or delivery of this product shall be liable for any direct, indirect, consequential, or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of, or inability to use such product, even if CimQuest has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.