» version 1.22 - posted on 2003-12-25
added -c switch for checking on created date
EULA - End User License Agreement
INTERNATIONAL LICENSE AGREEMENT
This is a legal agreement between you, the end user, and HartSoft,
a tradename of Blue Water BV.
The TimesUp software program (the "Software") is licensed by
HartSoft for use only on the terms and conditions set forth
in this document. Please read this license agreement carefully.
If you download the Software you are indicating to HartSoft
that you accept and agree to be bound by the terms set forth
in this document. If you do not agree to the terms and conditions
set forth in this document, you agree that you will not download
the Software and we thank you for your interest.
1. Grant of License The Software is not public domain software
nor is it free software. The use of the Software, except for an
initial 30-day trial period, requires registration. Non-licensed
users are granted a limited license to use the Software on a 30-
day trial basis for the purpose of determining whether the
Software is appropriate for their needs. After this period, you
must either purchase the Software or remove it from your
computer system. The use of unlicensed copies of the Software
outside of the initial 30-day trial period by any person, firm,
business, corporation, government agency or other entity is
A single user license grants you the right to use one copy of
the Software on a single terminal connected to a single computer
(ie. CPU). A licensed user may use the Software on different
computers, but will not use the Software on more than one
computer at the same time.
2. Grant of Network License. A site license permits a company
with multiple users to use several copies of the Software on
stand-alone computers, or to use a single copy over a network.
A computer network is any combination of two or more terminals
that are electronically linked and capable of sharing the use of
a single software program. A licensed computer network is a
computer network for which you have acquired and dedicated at
least one version of the Software (which can run alone or as a
network server). If you wish to arrange for a site license,
please contact HartSoft for more details.
3. Copyright. The Software is owned by HartSoft and is protected
by copyright laws. All rights are reserved. You may either (a)
make two copies of the Software solely for backup or archival
purposes provided that you reproduce all copyright and other
proprietary notices that are on the original copy of the
Software provided to you, or (b) transfer the Software to a
single hard disk provided you keep the original solely for
backup or archival purposes. You may not copy the written
materials accompanying the Software.
4. Other Restrictions. You may not rent or lease the Software.
You may not reverse engineer, decompile, disassemble, or create
derivative works from the Software. Use of the Software for any
military- or arms production related purpose, whether direct or
indirect, is strictly prohibited and will constitute a breach
of the license granted under this Agreement.
5. Termination. A breach of any term or condition in this
Agreement by a licensed user will entitle HartSoft to terminate the
license granted hereby. Upon notice of termination from HartSoft,
you agree that you will immediately cease the use of the
Software, remove it from your computer system and destroy any
Software disks or manuals acquired from HartSoft.
6. Dual Media Software. If the Software package contains both
3.5'' and 5.25'' disks, then you may use only the disks
appropriate for your single-user computer or licensed computer
network. You may not use the other disks on another computer or
computer network, or loan, rent or transfer them to another
7. General. This Agreement will be governed by the laws of
Germany. Any dispute in relation to this Agreement will be
determined by the court of Nuernberg, Germany and every licensed
user expressly attorns to the exclusive jurisdiction of the
courts of Germany. Should you have any questions concerning this
Agreement or if you desire to contact HartSoft Software for any
reason, please write: HartSoft, Graanstraat 9, NL 3572 TP Utrecht, The Netherlands.(Telefax: + 31 30 2934731, email: email@example.com).
SOFTWARE LIMITED WARRANTY
To the original customer purchasing this product in the first
instance only, HartSoft provides the following warranties:
HartSoft does not warrant that the Software will meet your
requirements, that operation of the Software will be
uninterrupted or error-free, or that all Software errors will be
corrected. HartSoft is not responsible for problems caused by
changes in the operating characteristics of computer hardware or
computer operating systems which are made after the release of
the Software nor for problems in the interaction of the Software
with other software. HartSoft will have no responsibility to
replace or refund the license fee of media damaged by accident,
abuse or misapplication.
In case of Software that is based on serviced which provided by
parties via world wide web (WWW) HartSoft does not warrant that the
Software will be able or will be modified to comply with changes
made by aforementioned third parties in the way of providing.
This applies to changes in the layout or implementation of these
WWW services. HartSoft does not have any affiliation with WWW
service providing parties and Software is only an automated way
access these services IN THE FORM THEY ARE PRESENTED AT THE
TIME OF PURCHASE OF SOFTWARE.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY HARTSOFT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS
WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY
NEW WARRANTIES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
THE RISK OF PAYING THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES. IN NO EVENT WILL HARTSOFT BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR THE
INABILITY TO USE THIS PRODUCT EVEN IF HARTSOFT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
If any provision of this Agreement, including the breadth or
scope of such provision will be held by any court of competent
jurisdiction to be invalid or unenforceable, in whole or in
part, such invalidity or unenforceability will not affect the
validity or enforceability of the remaining provisions of this
Agreement and such remaining provisions will remain enforceable
and binding. Dutch law is binding.
LIMITATION OF REMEDIES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT
FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL HARTSOFT OR ANY OF
ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO YOU
FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH
EVEN IF HARTSOFT OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES AND PROVINCES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
CASE WILL HARTSOFT LIABILITY EXCEED THE PURCHASE PRICE FOR THE