IMPORTANT-- READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and GroupWyse Software/David Hovel (hereinafter known as “PUBLISHER”) for this software product, which includes computer software and may include associated media and "online" or electronic documentation for Wi-Fi Scanner (hereinafter known as "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by PUBLISHER. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") this SOFTWARE PRODUCT, or any prior version for the same operating system, on any computer ("COMPUTER") for which you have legal authorization. Backup copies may freely be made.
- Reservation of Rights. All rights not expressly granted are reserved by PUBLISHER.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
- Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of PUBLISHER.
- Rental. Wi-Fi Scanner is freeware. You may not rent or lease the SOFTWARE PRODUCT or use it as the sole basis for a profit-making venture.
- Support Services. There is no support of any type available for this product, and your acceptance of this agreement consitutes your acknowledgement that you will hold PUBLISHER harmless for any usage problems or difficultites of any kind arising from the installation, usage or removal of this product from any computer system on which you perform these operations.
- Software Transfer. Software may freely be transferred so long as this agreement is accepted by those to whom it is transferred..
- Termination. Without prejudice to any other rights, PUBLISHER may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by PUBLISHER as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by PUBLISHER exclusively. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. This product may not be used by any agency of the U.S. Government, and is therefore not subject to restrictions or requirements attendant to such usage.
6. EXPORT RESTRICTIONS. This SOFTWARE PRODUCT may not be exported without the express, written permission of PUBLISHER.
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact PUBLISHER for any reason, please access the web site http://dbhovel.com and use the “Contact” information page to send email.
This SOFTWARE PRODUCT is delivered to any and all users “as-is” with no warranties or guarantees whatsoever under any circumstances. Usage of the product implicitly stipulates that the user agrees to hold PUBLISHER harmless from all damages arising from any aspect of the installation, use or removal of this program from any computer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUBLISHER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUBLISHER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PUBLISHER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00.
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