Freeware End User License Agreement
(Non-Government Use and Distribution Only)

NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") BY JOHN D STANISH.  BY USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.  

1. License Grant.  Subject to the terms and conditions of this Agreement, John D. Stanish hereby grants to you a non-exclusive, non-transferable right to use, copy and distribute solely for Non-Government Purposes (as defined below) the specified version of the Software and the accompanying documentation (the "Documentation").    
a. For purposes of the foregoing, "non-government purposes" means without limitation commercial use, home use, student or academic use, or use by non-profit organizations.  The Software is "in use" when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of a computer for the purpose of being accessible in client-mode by an end user.  
b. You may make exact, unmodified copies of the Software and distribute such copies solely (i) by electronic means; (ii) for Non-Government Purposes; and (iii) with all proprietary notices (including without limitation all copyright notices and this End User License Agreement) intact and unmodified or obscured.  
2. Restrictions.  You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.  You may not modify, or create derivative works based upon, the Software in whole or in part.  You may not copy the Software or Documentation except as expressly permitted in Section 1 above.  You may not remove any proprietary notices or labels on the Software.  John D. Stanish reserves all rights not expressly set forth hereunder.   
3. Term.  This Agreement is effective unless and until earlier terminated as set forth herein.  This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software and the Documentation.  
4. Updates.  John D. Stanish does not offer technical support for the Software; however, John D. Stanish welcomes your feedback.  For further information, please refer to http://www.johndstanish.net/software/feedback.html.
5. Ownership Rights.  The Software is protected by United States copyright laws and international treaty provisions. John D. Stanish owns and retains all rights, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.  Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.  All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.
6. Warranty Disclaimer. Because the Software is provided to you at no cost, THE SOFTWARE IS PROVIDED "AS IS."  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOHN D STANISH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION.  YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, JOHN D STANISH MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

7. Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL JOHN D STANISH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.  IN NO EVENT WILL JOHN D STANISH BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE U.S. DOLLAR ($1), EVEN IF JOHN D STANISH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.  The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

8. High Risk Activities.  The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities").  John D. Stanish expressly disclaims any express or implied warranty of fitness for High Risk Activities.

9. Miscellaneous. This Agreement is governed by the laws of the United States without reference to conflict of laws principles.  The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties.  This Agreement supersedes any other communications with respect to the Software and Documentation.  This Agreement may not be modified except by a written addendum issued by a duly authorized representative of John D. Stanish.  No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by John D. Stanish or a duly authorized representative of John D. Stanish.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  The parties confirm that it is their wish that this Agreement has been written in the English language only.

10. CUSTOMER CONTACT.  If you have any questions concerning these terms and conditions or if you would like to contact John D. Stanish for any other reason, please contact John D. Stanish via http://www.johndstanish.net/software/feedback.html.
