Kestrel GX - EULA


PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE.
THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN CERIEUS AND YOU. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.

"YOU" means the End User of the Software.
"WE" or "US" means Cerieus and Gosvami Divedi PURMANUN, the author of the software.
"Software" means the computer software program that accompanies this Agreement and includes any available software user manuals, reference manuals and installation guides, or portions thereof, either in electronic or printed form, in any media whatsoever.


1. YOU ARE GRANTED PERMISSION TO:
a. Install and use the Software on one or more computers depending on the type and quantity of licenses you purchased. The "Home" license allows you to install, activate and use Kestrel GX on up to two computers per license bought while the "Business" license allows you to install, activate and use the software on up to three computers per license bought.

b. Make back-up copies of the Software for archival purposes only.

BUT YOU MAY NOT
a. Rent, lease, sell, lend, distribute, publish, bundle or sublicense the Software or any part of it.
b. Rent, lease, sell, lend or distribute hardware on which the Software is installed.
c. Modify the Software or create derivative works based upon the Software.
d. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software .

2. OWNERSHIP OF SOFTWARE
Cerieus retains all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including International Copyrights, are reserved by Cerieus.

3. COPYRIGHT INFRINGEMENT
Unauthorized copying, distribution, modification or public display of copyrighted works is an infringement of the copyright holders' rights. As a condition to your agreement with Cerieus, YOU agree that YOU will not use the Software to infringe the intellectual property rights of others in any way.

4. WARRANTY
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, Cerieus DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THIS SOFTWARE OR DOCUMENTATION 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 Cerieus, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Cerieus MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. Cerieus DOES NOT GUARANTEE THE PROGRAM TO BE FREE OF BUGS OR ERRORS.

5. DISCLAIMER OF DAMAGES
YOU assume responsibility for, among other things, (i) the selection of the Software to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the Software, and (iii) the installation, use and results obtained from the Software. Further, YOU agree that, Cerieus SHALL IN NO EVENT BE LIABLE FOR ANY 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 OR INABILITY TO USE THE SOFTWARE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF Cerieus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. GENERAL PROVISIONS
The software is protected by the International copyright laws.
If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement shall be governed by the laws in Mauritius.